4ii JONES v. STOCKETT.

principal legacy of $7,000, the sum of $3,552 has been invested,
and the further sum of $822 40 is deposited in court to be invested,
leaving a balance of $2,625 60 to be provided for; and that the
sum of $97 90 was due to Jones and wife for arrearages of their
annuity to this date. The auditor further says, that the parlies in
their agreement annexed to the report of Wayman have assumed
that the sum of $150 per annum would be a reasonable allowance
for the maintenance and education of the infant Larkin from the
death of the testator; and under the circumstances the auditor was
inclined to adopt the estimate. The infant Larkin was admitted
to be about twelve years of age, and excluding some small balances
due, the amount of which could not be exactly ascertained, the
residue of the personal estate, bequeathed to the said Larkin, might
be assumed to consist of,

The mortgage debt of Richard G. Stockett, . . $3,186 00
Balance as cash in his hands, ....... 827 04
Do. in the hands of Henry Wayman, . . . 3,105 75
Principal debt due from Elisha Brown, of Samuel,

and Samuel Brown, junior, ...... 437 00

7,555 79
Which is charged with the balance of the legacy

bequeathed to Mrs. Jones and children, . . 2,625 60

Clear balance, ............ $4,930 19

The estate bequeathed to Larkin Shipley, including a real estate
which then rented for $36, might therefore be safely estimated to
yield two hundred and fifty dollars per annum. The auditor more-
over says, that it also appeared from the agreement aforesaid, that
the said Larkin had been maintained and educated by his father,
John Shipley, from April, 1827, to the present time; for which the
proper allowance at the rate aforesaid, would be $393 75. And
that he had received on account $70; leaving a balance due of
$323 75. And in addition to the said balance, the said John
Shipley, as next friend, claims to be re-imbursed his legal costs of
suiti and also, the sum of $40 as an additional fee to his solicitor,
which was in the opinion of the auditor a reasonable fee.

The plaintiff, Larkin Shipley, excepted to the account of the
trustee Stockett, designated by the 'auditor as the second account.
And also to the auditor's account, filed on the 15th of November,
1827, in the case of Jones and wife, which by the interlocutory