JONES v. STOCKETT. 417

this respect be governed by the same general rule, (h) Where a
parent gives a legacy to a child, especially if the child has no other
means of support, there, because of the duty of a parent as far as he
can to provide a maintenance for his child, the legacy shall carry
interest from the death of the testator; (i) and so too in all other
cases, if such be the express declaration or manifest intention of the
testator, the legacy shall bear interest from his death. But this le-
gacy is given by an uncle to his niece and her children, and there is
no intimation by the testator as to the time from which the legacy
is to begin to bear interest, and therefore the second exception must
also be sustained.

In regard to the fee here proposed to be allowed to the solicitor
employed by the trustee, it has been with propriety laid down, that
where a trustee, in the fair execution of his trust, has expended mo-
ney by reasonably and properly taking opinions, and procuring di-
rections that are necessary for the due execution of his trust, he is
entitled not only to his costs, but also to his charges and expenses,
under the head of just allowances, (j) For these reasons this fee
may well be allowed.

Whereupon it is Ordered, that the said exceptions be ruled good,
and that the auditor correct his statements accordingly.

On the 10th of March, 1828, the auditor reported, that he had
corrected the accounts as ordered; that there was due from Way-
man the sum of $183 42; from Stockett $9 79; and that Jones
and wife had been overpaid their annuity to the amount of $289 99.

After which, the trustees having brought in and deposited a fur-
ther sum of money, it was, on the petition of the plaintiffs, ordered
to be invested in stock of the Farmers and Mechanics Bank of
Frederick County.

On the 15th of November, 1827, Richard G. Stockett and Henry
Wayman filed their bill here against Samuel Jones of Joshua^ and Ann
his wife, and Larkin Shipley, an infant. This bill stated that the
late Larkin Shipley, who was, at the time of his death, possessed
of and entitled to considerable real and personal estate, by his will
gave a legacy to this defendant Awn, and the residue of his estate
to this defendant Larkin in the manner therein mentioned, and in-

(h) Hume v. Edwards, 3 Atk. 693; Nannoek v. Horton. 7 Ves. 401; Sibley v.
Perry, 7 Ves. 534; Franks v. Noble, 12, Ves. 485.—(i) Crickett v. Dolby, 3 Ves. 13;
Chambers v. Goldwin, 11 Ves. 1.—( j ) Webb v. Shafteabury, 7 Ves. 481; Fearns
v. Young, 10 Ves. 184; 2 Fonb. 176; Brocksopp v. Barnes, 5 Mad. 90.