CONTEE v. DAWSON. 293

late Margaret R. Clerklee, the whole case as to the right to the
two-sixths of this legacy, as well as regards the great peril in
which they now stand, considering the misconduct of the late trus-
tee William Dawson; and the sinking condition of his estate has
been fully made out by the pleadings and proofs; and therefore,
I conceive it to be my duty to have those two shares brought into
court and invested in some secure and productive form for the
benefit of those of these children of Margaret R. Clerklee, who
may eventually become entitled to them.

As to the nomination of a trustee to make such investment, and
the kind of security in which it shall be made, I shall expect to
have the suggestions of the parties when the auditor shall have
made a report as directed.

The late trustee William Dawson, in his life-time, distinctly ad-
mitted, that the proceeds of the sale he had made of the stock in
which this legacy had been invested, and some interest since the
death of Robert Clerk, his co-trustee, as before mentioned, (the
amount of which interest to be now ascertained by proofs to be
laid before the auditor,) amounted to the sum of £2,406 14s. 2d.
sterling. And therefore, this defendant Eleanor Dawson, his exe-
cutrix, must be charged with the principal of that amount for the
benefit of these legatees. One-sixth part of that amount has
vested in each one of the daughters of Margaret R. Clerklee who
is now of full age or has been married. And consequently, from
the time the share so vested and became payable, the trustee, being
in default, must be charged with interest thenceforward on the sum
awarded to the claimant. And the trustee must be charged with
interest on the whole sum from the death of Margaret R. Clerklee
until a share vests; when a due proportion of the whole is to be
awarded to the claimant with interest; and then the trustee charged
with interest on the residue of the principal until the next share
vests, when a proportion of the whole is to be awarded to the
claimant with interest from that date, and so on until the whole
legacy is disposed of. But as it is admitted, that the share which
vested in Ann Russell Contee has been satisfied, the trustee must
be credited for that as of the day of the death of Margaret Russell
Clerklee.

It has not been distinctly shewn either in the pleadings or proofs

when Margaret R. Clerklee died; nor when any of the daughters,

who survived her, attained their full age or married. I shall

therefore send the case to the auditor to state an account from the

38 v.2