424 JONES v. STOCKETT.

life interest, in its profits, shall have fallen in. But as the plain-
tiffs Jones and wife, have an interest in its being most profitably
disposed of, cbmpatibly with its ultimate safety, it was obviously
proper that they should be consulted so far, and to that extent;
and they were so heard accordingly. But the court considered
itself bound to act as the ex officio guardian of the interests of those
who are to take in remainder; and who may not be now in exist-
ence, or if they are, having no present vested right, could not be
made parties to this suit. It is therefore perfectly clear, that Jones
and wife are not alone interested in the investment of this sum of
money.

The plaintiffs Jones and wife, have also affirmed, that they did
not expressly ask or require the $7,000 to be brought in; and that
the doing so, was not only not prayed for by them, but was con-
trary to their wishes, and had occasioned to them a loss of five
months' interest.

But, by their bill, filed about eighteen months after the death of
the testator, they complain, that the executors had not paid them
all to which they were entitled; that they had suffered the money
to remain unproductive in their hands, and had failed to execute
their trust—whereupon the bill prayed, that the trustees might
account, and especially, that they should be required to put the
$7,000 out at interest, so as to have it made productive to the
plaintiffs. Jones and wife, thus expressly made it a ground of com-
plaint, that the money remained idle in the hands of the trustees;
and also expressly prayed for the direction of the court to the trus-
tees as to the investment. The defendant Stockett, at the very
next term after that to which he had been summoned; and as soon
as he could have been compelled, or was expected to appear and
answer, put in his answer, submitted to account immediately, and
to such directions as the court should give in relation to the invest-
ment; and in a few months thereafter, offered to bring into court
a large amount applicable to the trusts of the will; and asked for
the direction of the court as to the disposition of it; which money
was thereupon ordered to be brought in and deposited, subject to
further order. The ground of complaint against the trustee Stockett,
was therefore, without delay, removed both in word and deed; and
a part, at least, of the subject was placed in a condition to have the
prayer of the plaintiffs Jones and wife, granted at any moment when
they should move, so as to enable the court to act with a due
regard to the interests of all concerned.