TILLY v. TILLY. 441

sent; that considering the proceeds of the said sale to be applied
to the maintenance of the aforesaid persons, some of whom, to wit:
Lmretia and Margaret, were very young, and totally unable to
provide for themselves, in such proportions as their respective
necessities required, he appropriated the whole proceeds of sale,
and a considerable additional amount, to that purpose; that the
said persons have each received from him, more than their propor-
tions, if the same should be divided equally among them. Horatio
Tilly has only received the sum of $5 68. He was bound ap-
prentice to a trade in the city of Washington, and in a short time
after the sale, absconded; and has never been since heard from;
and that is the only evidence of the death of the said Horatio ;
that the said Lucretia and Margaret Tilly, were deserted by their
relations, and in danger of perishing from want, when the said
Sarah Tilly, who has since intermarried with the petitioner, her-
self contracted for her board, with Mrs. Ann Hyde, prevailed on
the trustee to pay her board for one year, out of the proceeds of
sale; stating, that she herself would, about that time, be married,
and able to take care of them after that time. But her marriage
not taking place, this trustee was compelled, by motives of huma-
nity, and by the intreaties of the said Sarah, to advance conside-
rable sums from his own pocket, for their maintenance, they having
no other property, or see them turned destitute into the street.
For which expenditures, and all other expenditures as trustee, he
refers to the vouchers herewith filed; and which he prayed to be
permitted to establish by proof, where they are not in themselves
legal evidence; that Horatio Tilly owes no debts; and the object
of obtaining administration of his estate, is to divide the proceeds
among his said brothers and sisters; and this trustee conceives,
that he ought, at least, to be allowed the amount of the said Lucre-
tia's and Margaret's parts of the said Horatio's interest, if he have
any, and which he has already expended for their benefit; and he
further contends, that he ought to be allowed the whole of the
amount claimed by the administrator of the said Horatio, even
against his creditors; but is ready to bring the same into court, if
required.

19th April, 1830.—BLAND, Chancellor.—The matter of the
petition of Berry Griffith, standing ready for hearing, and having
been submitted on notes by the solicitors of the parties, the pro-
ceedings were read and considered.

This devise, as regards these infants, is one of a very singular