JONES v. STOCKETT. 409

JONES v. STOCKETT.

A legacy to a woman directed to be put out on good security, and the annual interest
to be paid to her during her life, remainder to her children should not be placed
in the hands of her husband on any terms, or be lent on mere personal security.—
The legatee for life, of such a legacy, should be heard as to the mode of putting
out the legacy; the court, considering itself as ex officio guardian of the interest
of those in remainder, the legacy was, on the suggestion of the legatee for life,
invested in bank stock; and the loss of interest, which might have been made,
from the time the money was brought into court until it was invested, was directed
to be borne by the legatee for life.—An annuity, like a pecuniary legacy, in gene-
ral, carries interest only from one year after the death of the testator; the excep-
tions to this rule.—Under the head of just allowances a trustee may be allowed a
fee paid to a solicitor for advice in relation to his trust.—A complaint, that a trus-
tee holds the trust fund in his hands idle and unprofitable, necessarily implies that
it should be brought into court and invested.—There are few cases in which trus-
tees may not decline to act without direction of the court.—Although a trustee
may have no pecuniary interest in the subject, yet he has duties to perform, in
regard to which he should keep the court cortectly informed.—In what cases, and
how far the court will interfere with the relations of parent and child.—In what
cases the court will remove or discharge a trustee, after he has accepted the trust.

THIS bill was filed on the 16th of October, 1823, by Samuel
Jones of Joshua, and Ann his wife, against Richard G. Stockett
and Henry Wayman. The bill states that Larkin Shipley, on the
19th of February, 1822, made his last will and testament, in which
among other things, he gave and bequeathed as follows:

' I give and bequeath to my niece Ann Shipley, the sum of $7,000
current money of the United States, subject to the conditions and
limitations hereafter prescribed; that is to say, the annual interest
thereof shall be paid to her yearly during her natural life; and if
she should marry, and die leaving lawful issue, then, on the event
of her death, the said principal sum of $7,000 shall be equally
divided among her children; but in case my said niece shall die
without lawful issue of her body, then, and in that case, I give and
bequeath the aforesaid principal sum of $7,000 to be equally divided
among the children of my deceased brother, and their legal repre-
sentatives, reserving, nevertheless, an annuity of $120 to be paid
out of the said principal sum of $7,000 to Elizabeth, mother of the
said Ann during her natural life; which sum I direct my said trus-
tees to pay to her yearly; it being my design and intention, and I
hereby declare that my said trustees, or the survivor of them, shall
retain in their hands the said-principal sum of $7,000, and put the
same out on interest, on good security, for the purposes aforesaid;
and I further declare, that the aforesaid bequest to the said Ann