TILLY v. TILLY. 445

considered as arising from a sale of the infants' real estate, or only
from a sale of the rents and profits of such an estate during a
period, to which alone these infants were entitled; still, this is a
legislative regulation in relation to the matter, which no trustee
can be allowed, at his pleasure, to violate or disregard; he, of
himself, cannot have a shadow of authority to make any applica-
tion of the proceeds of sale in any way whatever. But, apart from
the express provisions of any act of assembly, upon general princi-
ples, no trustee, appointed to make sale of property under a decree,
in the usual form, directing the proceeds to be brought into court,
can be allowed, in any manner whatever, to dispose of them with-
out the express previous sanction of the court. This is a very
ancient rule of this court, and a due regard to the interests of
suitors, requires that it should be inflexibly adhered to. There-
fore, all the causes shewn by this trustee as such, why he has
departed from the positive command of the decree requiring the
money to be brought in must be wholly disregarded, (d)

But it appears by the proceedings, that Nicholas Brewer has
been clothed with several offices in connection with the rights of
these infants; and that he has acted in two distinct characters. It
is a settled principle, that where two or more capacities are vested
in one and the same person, each capacity, for the purposes of jus-
tice, may be considered in the same light as if they were several
persons, (e) Nicholas Brewer was appointed a trustee under the
will of the late Richard Higgins; and I have described what were
his rights and duties as regards the estate so placed in his hands
for the maintenance of the infants. Considering him as a distinct
person, while acting in that capacity, he must be treated, and al-
lowed to account as their guardian, so far as he may have made
any application of the proceeds, or in any manner contributed to
their maintenance, to the extent of the proportion of the proceeds
to which they may each one of them respectively be found to be
entitled. In his other capacity of trustee or agent, employed by
this court to make the sale, ordered by the decree, he must be
charged with the whole amount of the proceeds of sale with inte-
rest, from the 1st of January, 1818. As an offset to which, he
will be credited with all applications made for the maintenance of
the infants, to the extent, and in the manner described; with inte-

(d) Bennett v. Hamill, 2 Scho. &, Lefr. 580.—(c) Coppin v. Coppin, 2 P. Will.
295; Johnson v. Mills, 1 Ves. 283; Binney's case, ante 108.
57 v.2