420 JONES v. STOCKETT.

On the 20th of October, 1828, these defendants Stocked and
Wayman, by their petition, prayed that this defendant Samuel Jones
might be appointed trustee in their place, of the legacy of $7,000,
and that the amount might be paid into his hands as such, to be held
and disposed of by him, under the direction of the court.

On the 27th of October, 1829, the defendant Wayman filed his
answer, in which he admitted as before the facts, as stated in the
previous proceedings, and prayed that those proceedings might be
taken as a part of this, his answer. He then set forth the reasons
why some of the debts due to his testator had not been sooner col-
lected, and why some of them still remained to be got in; and he
then further stated, that the plaintiff Larkin was then an infant,
about twelve years of age, and lived with his father, who could not
require that any portion of the profits of the estate should be ap-
plied to the support of the plaintiff; that, as was intended by the
testator, he had placed the plaintiff at a school, when he was old
enough, and continued him there until his father took him away;
and he was not then at any school; that the father was not entitled
to have any part of the rents and profits of the testator's estate
paid to him for the support of his own child, or while he refused
to permit the child to receive the education intended to be given to
him by the testator. And, therefore, this defendant had for some
time declined to pay any thing to the father, conceiving that, if he
were to do so, it would not be applied according to the intention of
the testator.

On the 28th of October, 1828, the defendant Stockett put in his
answer, in which he prays that the former proceedings may be
taken as a part of this, his answer, and admitting the facts which
he had therein admitted, says that he is indebted by mortgage, as
stated in the bill, and that he is ready and willing to account, &c.

To these answers the plaintiffs put in a general replication, and
a commission was issued, under which testimony was taken and
returned, from which it appeared that the pecuniary circumstances
of John Shipley, the father of the plaintiff Larkin Shipley, were
such that he was unable to give to his son even a common country
school education, without labouring under some inconvenience with
regard to the rest of his family. After the return of this commis-
sion, these four cases were together brought before the court.

5th November, 1829.—BLAND, Chancellor.—These cases stand-
ing ready for hearing, and having been argued by the counsel for
the complainant Larkin Shipley of John, and the defendants