436 TILLY v. TILLY.

it is necessary for the safety of those interested, that the trustees
should give bond and security, the Chancellor may order them to
do so; and if they shall fail to comply, to displace them, (o) The
decree of the 5th of November, 1829, which required these trustees
to give bond, was passed with the express consent of their solici-
tors. But, as no application has, as yet, been made by any person
interested to force them to do so, the requisition of the decree may,
in this respect, be allowed to stand over as regards Wayman, the
trustee Stockett having given bond, until such an application shall
be made.

It is, therefore, Ordered, that the said Henry Wayman be, and
he is hereby continued as trustee, according to the will of the said
Larkin Shipley, deceased.

After which, various other proceedings were had, and sundry
other investments made; and the plaintiff Larkin Shipley having
attained his full age, the case was submitted for a final decree and
directions. When, on the 24th of January, 1838, it was deter-
mined that the words c issue of his body,' in the devise to him,
were words of purchase; so that he took only an estate for life;
and the trustees were directed, as before, to make investments
accordingly.

TILLY v. TILLY.

An infant defendant brought into the presence of the Chancellor, who thereupon
appointed for him a guardian od litem,—Land, belonging to infants, sold, under the
act of assembly, on the petition of some of them by prochein ami, and the ap-
pearance of the others, by guardian.—Such a peculiarly constituted suit does not
abate by the death of any one of the infants.—Where lands are devised to an adult
for life, such tenant for life may be treated as the actual pernorof the profits; but,
in case of such a devise to infants, until they attain their lawful age, their guar-
dian must take the profits and apply them according to the directions of the will.
—Such a devise to several infants, for their maintenance, must be applied equally;
and in greater proportions as some die, or the elder ones become of full age; and
the same rule must govern the application of the gross sum for which the estate
had been sold.—A person who had been absent, and not heard from for seven
years, was presumed to be dead.—A trustee, appointed to make sale, cannot be
permitted, without the previous sanction of the court, to apply the proceeds of the
sale.—Where a person has two capacities for the purposes of justice, each capa-
city may be considered as a distinct person.

THIS bill was filed on the 27th of October, 1817, by Edward
Tilly, Horatio Tilly, Margaret Tilly, and Elizabeth Tilly, infants

(o) 1785, ch. 72, s. 10.