JONES v. STOCKETT. 415

The parties agreed, that the case should be referred to the audi-
tor to state an account of assets, &c. And of the sum due, if any,
to the complainants on account of Ann Jones' annuity. And also
submitted to the Chancellor, 'whether the loss of interest occa-
sioned by the deposite of the moneys brought into court is to be
borne by the complainants or the estate ?' and 'whether the com-
plainants and defendants, or any of them, are to be allowed costs
against the estate ?'

25th April, 1827.—BLAND, Chancellor.—I have examined the
proceedings and reflected upon the questions submitted. The
plaintiffs by their bill complained, that the defendants had suffered
the legacy, the profits of which were given to the plaintiff Awn,
to remain in their hands unproductive; whereby the interest, which
might otherwise have been accumulated and paid to her, was lost.
And prayed, that the trustees might be ordered to make an invest-
ment thereof. The defendant Stocked answered, and brought into
court a great proportion of the legacy, which was ordered to be
deposited as usual, as I have before remarked, for safety, and until
the plaintiffs should suggest a mode of investment. Hence, it is
evident, that the plaintiffs, in effect, called the money into court;
and it was their fault, that it remained here so long unproductive.
The trustees being blameless, are therefore not chargeable; and
there is no ground upon which these plaintiffs can have the estate
taxed, to the prejudice of others, for the purpose of re-imbursing
them for a loss occasioned by their own mismanagement or negli-
gence : for even if the trustees had been guilty of any miscon-
duct, the estate could not be charged to make good the loss; (e)
and upon the same general principles, neither these trustees nor the
estate can be charged with costs, (f)

Whereupon it is Ordered, that the loss of interest occasioned by
the deposite of any moneys in this court, pursuant to the order of the
31st of August, 1825, be borne by the complainants; that they pay
all costs; and that this case be, and the same is hereby referred to
the auditor, with directions to state an account or accounts, in
pursuance of the foregoing agreement and of this order.

After which the auditor made up a report, as of the 8th of No-
vember, 1827, which he filed on the 15th of the same month, in

(e) Anonymous, 1 Salk. 153; Carter v. Barnadiston, 1 P, Will. 518.—(f) Cur-
teis v. Candler, 6 Mad. 123.