CONTEE v. DAWSON.

to this country, and lost without the default of the trustee; and
therefore, that these plaintiffs cannot recover any thing, or certainly
no more than a proportion of what has been saved, and is now in
the hands of his executrix the defendant Eleanor Dawson; since
it has been expressly declared by the testatrix Ann Russell, that
'they, the trustees, shall not be answerable or accountable for any
misfortune, loss, or damage whatever, that may happen to the said
trust moneys, or premises, or any part or parts thereof, unless the
same shall happen by or through their or his gross and wilful
neglect or default respectively.'

It is distinctly shewn by the codicil to this will, and so admit-
ted, that the testatrix Ann Russell made her will with a full know-
ledge of the situation and legal capacities of all her legatees. She
designates these legatees as the children of her grandaughter
Margaret R. Clerk, wife of James Clerk, of Maryland; and with
this full knowledge of all circumstances, the testatrix gave this
legacy, and directed the trustee 'to invest the same in their or his
names or name in the public stocks or funds, or at interest upon
parliamentary, government, or real securities.'

This specific direction as to the disposition to be made of this
legacy, it is evident, was given with a view, that it might be,
without delay, made productive, and placed in the greatest possi-
ble security, to await the remote events which it was declared
should happen before it should be wholly paid over. The trustees
were allowed a very limited range of discretion as to the species of
investment in England, and no where else. And it manifestly
appears to have been the intention of the testatrix, that when the
investment had once been made it should remain, without exposing
the legacy to any new risk by any change whatever; or if any un-
foreseen circumstance should render a new investment necessary,
that it should be made in some one or other of the specified English
securities; and certainly not in any foreign funds, stocks, or secu-
rities whatever, (q)

Hence, I feel perfectly satisfied, that the sale made by the sur-
viving trustee William Dawson, of the stocks in which this legacy
had been invested, and the transfer of the proceeds from England
to Maryland was a most palpable and gross violation of the trust
in him; and that he must be held strictly accountable for

(q) Hancom v. Allen, 2 Dick. 498; Howe v. Earl of Dartmouth, 7 Ves. 137; Hill
v. Simpson, 7 Ves. 152; Holland v. Hughes, 16 Ves. 113; Ram. on Assets, 517.