WINDER v. DIFFENDERFFER. 181

by the register, in due proportion to the amount of property to him
or her adjudged and awarded.

The auditor reported on the 10th of November, 1828, that he
had stated several accounts, some at the instance of the plaintiffs;
and others according to the instructions of the defendant John Dif-
fenderffer; and had then stated an account marked D. agreeably
to his own views of the justice of the case; in which he had
allowed the trustee Diffenderffer a commission of ten per cent, as
allowed to the former trustee; but he had charged interest on the
balances in the trustee's hands at the end of each year. As these
balances consisted in part of interest, charged on former balances
in hand, the trustee was thus charged with compound interest.
But as this account might, in this particular, be questioned, he had
stated another account, in which interest was not so charged.
And that in continuation of each account he had distributed the
balance, in the trustee's hands, amongst the plaintiffs and the infant
defendants; allowing the complainants one-third of the balances,
and to each of those defendants one-third of the remaining two-
thirds.

To these accounts the plaintiffs filed the following exceptions:
They excepted to account A; because, interest is not properly
charged therein; because, a credit is allowed for various sums for
which no credit can, or ought to be claimed; because, a commis-
sion is therein allowed to John Diffenderffer; because, a credit is
allowed for rent, not received of Mrs. Sparks' family, under a repre-
sentation, that it was lost by default of the complainants' solicitor,
when, in truth, no such default ever existed, and no proof is made
of it; and because, in other respects, the account is insufficient
and defective and against the proof in the cause. They excepted
to account B; because, interest is not properly charged therein;
because, various credits are there given which ought not to be
allowed said Diffenderffer; and because, the account is defective
and unsupported by proof. They excepted to account D; because
the trustee is allowed a commission of ten per cent.; because inte-
rest is improperly charged, not a sufficient amount being allowed
to the complainants; and because, the account is otherwise defec-
tive and against evidence. And they excepted to account E; be-
cause, the said John Diffenderffer is not therein charged with inte-
rest enough; and because, said account is otherwise insufficient,
defective and against evidence.
24 v.2