446 TILLY v., TILLY.

rest from the time of their being made; and the balance, if any,
with interest thereon, he will be directed to bring into court.

Whereupon, it is Ordered, that this case be, and the same is
hereby referred to the auditor, with directions to state an account
accordingly. And each party is hereby permitted to take testi-
mony in relation to the said account before any justice of the peace,
on giving three days notice as usual. Provided, that the said tes-
timony be taken and filed in the chancery office on or before the
twelfth day of June next.

On the 9th of December, 1830, the auditor made a report in
obedience to this order, in which he said, he had stated an account
No. 1, between the trust estate of Elizabeth Tilly and others, and
the trustee, in which the proceeds of sale are first applied to the
payment of the trustee's allowance for commission and expenses
and costs of suit, and the residue is distributed amongst the infant
children of Elizabeth Tilly, deceased, in manner as directed by the
aforesaid order. The auditor has adopted the agreement of the
20th of July last, signed by the solicitors of Berry Griffith, and
the trustee, as evidence of the ages of those children. He has
then stated accounts between said trustee, and each of said infant
children, which are numbered 2, 3, 4, 5 and 6, charging the trustee
with each child's ascertained share of the proceeds of sales, and
interest thereon from the first of January, 1818, to this date; and
allowing credit for his disbursements, with interest on each dis-
bursement from its date to this time. The result of those accounts
is, that Elizabeth Tilly, Sarah Tilly, and Lucretia Tilly have been
fully paid and satisfied; that there remains due to Horatio Titty,
deceased, the sum of $263 95, with interest on $153 09 from this
date; and to Margaret Tilly the sum of $243 92, with interest
from this date.

To this report of the auditor the trustee Brewer excepted; and
the case being submitted, it was, on the 29th of January, 1831,
Ordered, that the exceptions be over-ruled, that the report be con
firmed, and that the proceeds be applied accordingly.