438 TILLY v. TILLY.

the trust; and that the said land was not in a state of improvement,
such as to produce any advantage to these parties; but might be
sold to the advantage of all concerned. Whereupon it was prayed
that a decree might be passed for the sale of their interest, and that
they might have such other relief as the nature of the case should
require.

27th October, 1817.—KILTY, Chancellor.—The defendants Lu-
cretia and Sarah Tilly being before me, and appearing to be infants
under the age of twenty-one years, Dennis Claude is hereby ap-
pointed guardian to them for the purpose of answering on their
behalf to the bill.

On the same day, the infant defendants put in their answer by
their guardian ad litem, in which they say that they admit the facts
stated in the said bill, and were willing that a decree should be
passed according to the prayer of the bill.

27th October, 1817.—KILTY, Chancellor.—Decreed, that the in-
terest of the parties in the land in the proceedings mentioned be
sold, that Nicholas Brewer be appointed trustee for making the
sale, &c. He shall then proceed to sell the said real estate, either
entire, or in such parcels as he shall deem advantageous, either at
public or private sale, after giving at least three weeks notice in
some convenient newspaper, in the event of a public sale, of the
time, place, manner, and terms of sale, which shall be that the
purchaser shall give bond with approved surety, for paying the
purchase money, with interest, within twelve months from the
time of sale, &c. (a)

(a) This bill does not ask for a partition, and therefore could not have been sanc-
tioned by the act of 1785, ch. 72, s. 12, or the act of 1794, eh. 60, or by any other
course in relation to partition; if, indeed, the interest of these infants could have
been made the subject of a suit for partition. It must, therefore, be considered, as
it appears to have been, the first decree under the act of assembly, which declares,
that where any infants are possessed of any real estate whatsoever, it shall be lawful
for the Chancellor, upon the petition of the guardian or prochein ami of such infants,
after summoning such infants, and their appearance by guardian, to be appointed by
the Chancellor, upon the hearing and examination of all circumstances, and upon its
appearing to the Chancellor that it will be for the interest and advantage of such infants
to sell such real estate, or any part thereof, to order such lands, or any part thereof, to
be sold upon such terms as the Chancellor may direct. That the proceeds of the sales
shall be paid over to the guardians of such infants, to be invested in such public stock,
or other permanent funds, as will, at least, net six per centum per annum at the time of
the purchase, and as the Orphans Court of the county, by whom such guardians shall
have been appointed, shall direct. That the surplus interest, after what may be
necessary for the maintenance and education of the infants respectively, as it accrues,