TILLY v. TILLY. 430

On the 30th of July, 1818, the trustee reported that he had made
a private sale of the unexpired term in one hundred and fifty acres
of the tract of land called White Hall, namely, until the youngest
child of Elizabeth Tilly, deceased, should arrive at the age of
twenty-one years, unto Joseph Evans, who was entitled to the re-
version, on the 28th| day of October, 1817, for the sum of $1,500,
which sum is not to bear interest until the said Joseph Evans shall
obtain the possession of the land, which is expected to be in De-
cember, or the first of January next. This sale, as thus reported,
was finally ratified on the 15th of March, 1819.

On the 18th of November, 1829, Berry Griffith filed his petition
in this case, in which he stated, that Horatio Tilly, one of the
parties mentioned in the bill of complaint, was dead; that admi-
nistration of his estate had been granted to the petitioner; and
that the trustee Brewer, had received the purchase money for the
interest on the land sold by him; and had failed to pay to the
intestate of the petitioner, the share to which he was entitled.
Whereupon the petitioner prayed, that the trustee Brewer, might
be ordered to make a further report; to pay the petitioner the
share due to his intestate; to bring the purchase money into
court, &c.

18th November, 1829.—BLAND, Chancellor.—This petitioner
comes as the administrator of one of the original parties. If this
is to be regarded as a suit, in all respects analogous to an ordinary

shall be invested by such guardian, in such stock as aforesaid. That no part of the
principal arising from the sale of any real estate, by virtue of this law, shall, in any
wise be applied towards the maintenance or education of any infant, unless the Chan-
cellor shall consider it necessary. That in case of the death of any such infants
before their arrival at lawful age, or their death, without lawful issue, the proceeds
of sale, or stock, shall be considered as real estate, and, as such, shall descend to
those heirs who would be entitled to the said lands in the same manner as if the
same had not been sold. And, that the Chancellor may exercise all the powers
herein provided, in all cases where infants are seized of a reversion, dependent upon
an estate for life, and upon the assent of the tenant for life for the sale thereof, to
order the annual interest, or such part thereof as may be deemed equitable, to be
paid over to such tenant for life, during his life.—1816, ch. 154.

It would seem that this act had been understood, and intended by the legislature,
to embrace none other than legal estates of inheritance; because, apart from its
general phraseology, of its expressly directing that the proceeds of the sale should,
on the death of the infant, descend in the same manner as the land would have done;
and because, by a subsequent enactment, it has been expressly declared that it should
extend to equitable titles to real estates.—1818, ch. 193, s. 7. But the interest here
directed to be sold was a mere use, determinate by the death or full age of the
infants.