CONTEE v. DAWSON. 365

mitted, that the legacy had been given as stated; that it had been
received and invested by the trustees; that her testator had been
the surviving trustee; that he, as such, believing he had the pro-
per authority to do so from the parties interested, had made sale of
I the English stock, in which the legacy had been invested, and had
the proceeds, amounting to $8,273 33, remitted to him here; and
that, on the 24th of March, 1819, he invested $3,828 88, part
thereof, in stock of The City Bank of Baltimore; and the further
sum of $4,444 44, other part thereof, he had loaned to James
Clerklee, on a mortgage of real estate; and the residue, amounting

to £212 Os. Od., sterling, remained in the hands of Wentworth,
Chaloner & Co., of London, bankers of her testator, who claimed
a right to retain it in discharge of a debt due from him. ' That she
has not yet been able to settle up the estate of her testator, and
that there are considerable debts now due to the same which are
still unpaid; and that the assets now in her possession are insuffi-
cient to discharge the debts due by the testator.' Various other
matters were set forth and relied on in this answer which it will be
unnecessary to notice here, as all the material allegations of the
parties, and the circumstances of the case are fully stated by the
Chancellor in his opinion.

The plaintiffs by their petition alleged, that the testator of the
defendant Eleanor Dawson, had been a trustee for the benefit of
them and others interested in the legacy; that as such he had
received £2,406 14s. 2d. sterling, and withheld it from them, as did
the said Eleanor since his decease; that the said Eleanor Dawson

had, under oath, settled a final account in the Orphans Court,
whereby there appeared to be a balance over and above the pay-
ment of debts of $13,357 44. But by the account so referred to

and exhibited with the petition, headed as 'the first account' of
this executrix, passed on the 22d of January, 1823, the concluding
allowance in which is in these words : ' Retained by this account-
ant, being the residue of the deceased's estate, according to the
last will and testament of the deceased, $13,357 44.' Whereupon

it was prayed, that the defendant Eleanor Dawson, might be
ordered to bring that sum Into court to await the final decree.

On the 27th of February, 1826, it was Ordered, that she bring

in that sum of money as prayed, on the 3d of April then next, or

shew cause; provided a copy be served, &c.

On the 13th of July, 1826, Eleanor Dawson filed her answer,

without oath, to this petition, shewing for cause, that the plain-