418 JONES v. STOCKETT.

voked into this case the before-mentioned proceedings, under the
bill filed by these defendants Jones and wife against these plaintiffs;
which case had been referred to the auditor, who had stated several
accounts. But that this defendant Larkin, not being a party to
those proceedings, or bound thereby, might, at any future period,
impeach the correctness of the accounts of these plaintiffs, which
had been approved in that case; that, owing to peculiar circum-
stances, to the localities of the property of the testator, and to the
residence of these plaintiffs, and the cestui que trusts, a division of
the trust property, and of the duties of these plaintiffs, was desira-
ble, so that the plaintiff Stockett might have the management of
the fund invested for the benefit of this defendant Ann, and that
the residue of the estate might be confided to the plaintiff Wayman.
Whereupon, the bill prayed for such decree as the court might
deem just.

On the 24th of December, 1827, Jones and wife filed their answer
to this bill, in which they admit the will and proceedings in the suit
instituted by them, and say, that, in consequence thereof, a portion
of the legacy of $7,000, to wit: the sum of $3,552, or thereabouts,
bad been brought in and invested, although not expressly asked or
required to be brought in; that they were extremely anxious to
have the balance brought in and invested, as should be recom-
mended by them, who were alone interested therein; but objected
to the separating of the joint trust reposed in the plaintiffs relative
to the said bequest; at all events, not until the whole sum should
have been invested in a manner satisfactory to these defendants.

On the 26th of March, 1828, the infant defendant Larkin an-
swered by his guardian ad litem, that he was unacquainted with
the facts stated in the bill, and prayed the protection of the court.

On the 31st of July, 1828, Larkin Shipley, then an infant, by John
Shipley, his guardian and next friend, filed his bill against Richard
G. Stockett, Henry Wayman, and Samuel Jones of Joshua, and Ann
his wife. This bill states that the late Larkin Shipley made his will,
&c. as before stated, which proceedings in the suit of Jones and wife,
against Stockett and Wayman, he exhibited and prayed, might be
taken as a part of this his bill; that this plaintiff Larkin was still an
infant under the guardianship of his father John Shipley, who was
unable out of his own funds, suitably to maintain and educate him;
that during a short period, after the death of the testator, the defen-
dants Stockelt and Wayman, had advanced to the father and guardian
of this plaintiff small sums for his maintenance and education, but