WINDER v. DIFFENDERFFER. 177

leaving a large estate, and four children his devisees, Sarah, Jinn,
Mary and Catherine; that the trustees appointed by the will of the
testator, all refused to take upon themselves the trust, and were
then dead; that no trustee to carry into effect the object of the
will had ever been appointed by any competent authority; that
Sarah married, and afterwards died, leaving the plaintiff Araminta,
her only child and heir; that Ann and Mary had married, and
afterwards died without issue; that Catherine married the defen-
dant John, and was since dead, leaving these infant defendants her
children, and heirs at law; that after the death of Ann and Mary, the
defendant John Diffenderffer took the property so devised, into his
possession, as the estate of the three infant defendants, his children,
and had ever since received the rents and profits thereof. Where-
upon these plaintiffs by their bill prayed, that a division of the
estate, so devised might be made among the legal representatives
of the devisees of the testator, Charles Rogers, according to their
respective interests; and also, that the defendant John Diffenderffer
might account for the rents and profits; and that they might have
such other relief as the nature of the case might require, &c.

The defendant John Diffenderffer', by his answer, admitted, that
Charles Rogers had made his will and died, leaving a large estate,
and four daughters as set forth in the bill; that Sarah had died
leaving the plaintiff Araminta, her only child, who had married
the other plaintiff William; that this defendant had married Cathe-
rine, who was then dead, leaving the three other defendants, her
children and heirs, who were all then minors; that the trustees,
appointed by the testator Charles Rogers, had refused to under-
take the trust, in consequence of which, an application had been
made to this court, and a trustee appointed, as set forth in the
proceedings in the case of Rogers v. Merryman; that this defen-
dant had, from time to time, received from the trustee Vincent,
sums of money, on account of the distributive share due to his
wife; and there remained a large balance due to her; whilst the
other parties received considerable sums more than was due to
them; that Ann Martin died on the 5th of May, 1807; and Mary
Lee on the 21st of January, 1808, both without issue; that, at the
request of the trustee Vincent, this defendant had taken possession
of the property on Calvert and Baltimore streets; and also of
sundry ground rents in the city of Baltimore, which he had a right
to do under the will, after the death of Ann and Mary, whereby
the estate survived to his children, the heirs of Catherine; that he
i