292 CONTEE v. DAWSON.

contrary, has had every assistance, that could be given, or was ne-
cessary; and has, in fact, recovered her full share of those estates
wherever it appears she had required or demanded it. There is
then not the least foundation, in point of fact, for this defence rest-
ing upon the conditional bequest over to Eleanor Dawson.

The defendant Elizabeth Clerklee, having attained her full age,
is now in a situation to demand and receive that proportion of this
legacy which has vested in her. By her answer she avers, that
she has nothing to do with this bill as a defendant; and prays that
it may be dismissed, and such other benefit afforded her as may
seem meet. All persons having the same interest, should stand on
the same side in the suit; but if any one, identified in interest with
the plaintiff, refuses to appear as a plaintiff, he may be made a de-
fendant, by stating in the bill that he refused to concur as plaintiff,
or by stating the nature of his interest, as in this instance, (t) For
it is well settled, that the court not only may, but must as a duty,
decree between co-defendants, where the matter comes fully before
it, and a case is fully made out between them; so that the whole
controversy may be finally and at once closed, (u) Therefore the
defendant Eleanor Dawson will, in addition to the shares of this
legacy due to the plaintiffs, be directed to pay this share now due
to her co-defendant Elizabeth Clerklee.

It now sufficiently appears, that of the six children of the late
Margaret R. Clerklee, four have been entitled, according to the
terms of the bequest, to take the whole of this legacy in case the
two, who are now infants, should die under age and before they
have been married; and consequently as to those two-sixth parts of
this legacy it is now ascertained, they must certainly go to the two
infants, on their becoming qualified to take; or equally among the
four in whom the interest in the legacy has already vested. And
therefore these children have now such a contingent interest in the
preservation of those two shares as entitles them to ask the aid of
this court in having them placed in a state of security until the
happening of those events which are to determine to whom they
are to be paid.

As between these plaintiffs and the defendant Eleanor Dawson,
and also between her and her co-defendants, the children of the

(t) Calvert on Parties, 11.—(u) Chamley v. Lord Dunsary, 2 Scho. & Lefr. 709,
718; Taliaferro v. Minor, 2 Call. 190; Harmood v. Oglander, 8 Ves. 123; Colegate
D. Owings' Case, 1 Bland, 404.