404 DEAKINS' CASE.

assembly which provides, that this court shall have full power and
authority, upon the application or petition of any person interested
in the sale of property devised as this was, to appoint a trustee for
the purpose of selling and conveying such property, and applying
the money arising from the sale to the purposes intended. (6) But
in appointing a trustee, under this law, as a mere successor to the
testamentary trustee, it could not be presumed, that the court
intended to confer upon him an authority more extensive than that
to be found in the will, or instrument specifying the objects of the
trust. Hence the stay of proceedings, or injunction upon the
trustee, so far as regards the interests of those who claim under
Jane, the facts having been admitted, must be made perpetual.

But the purpose to which the money arising from the sale was to
be applied, was, among others, the payment of this debt said to
be due to Edward Thomas; if it had been shewn, that there was,
in fact, no debt due to him, the trustee Francis Deakins would not
have been allowed to sell, upon the pretext of a necessity to do so,
to satisfy that debt. And consequently, the court will not now
appoint and authorize a trustee to take the place of Francis, and
do that very act which it would have prohibited Francis from doing
were he alive.

The order of the 2d of July, 1821, operates as, and must be
considered in the nature of an injunction. And in looking into
the answer of the executors of Edward Thomas, to see whether
there is any thing there which will authorize or require the rescis-
sion or dissolution of the injunction order, I find that none of the
material facts upon which it was originally based have been denied
or removed; therefore,

It is Ordered, that the authority conferred on the trustee ap-
pointed by this court to make sale of the real estate of the late
William Deakins, be construed to extend only so far as the same
may be warranted by so much of the will of the late William as
clothed his late brother Francis Deakins with authority to sell the
same, and no further. And it is moreover Ordered, that no sale
whatever be made, by any trustee appointed by this court, of any
portion of the real estate of the late William Deakins, which by
his will was authorized to be sold for the payment of his debts,
for the purpose of paying the debt now alleged to be due to the

(6) 1785, ch. 72, s. 4.