BROWN v. WALLACE, 585

who, by the law of this state, are capable of taking as such from
the mother. And if the said Anna G. M. Helms should survive
her husband, Lewis Helms, then the whole of the said residuary
legacy to vest in her, absolutely free and discharged from the said
trust and settlement.

And it is further Decreed, that the said petition of Mordecai L.
Flagler, be, and the same is hereby dismissed with costs, to be
taxed by the register.

Under this decree, the case went before the auditor; the parties
took testimony, and various proceedings were had. Helms and
wife expressed their assent to this decree in substance, as it stood;
but prayed to have it so modified as to give her a greater control
over the property than was allowed to her during her coverture;
which the Chancellor refused to grant. After which, Anna and
her son Wandelohr, applied to have a part of the sum directed to
be settled on her, invested in real estate in Pennsylvania. In
reply to which, the Chancellor said, it was very clear, that no
investment could be ordered or allowed to be made beyond the
jurisdiction of the court. The case was then referred to a special
auditor, who made a report accordingly. After which, Anna G.
M. Helms made an appointment in nature of a will, as allowed
by the decree, and soon after died; so that the case abated. A
bill of revivor was filed, which being answered, and the case sub-
mitted, a decree was passed on the 22d of June, 1832, by which
the principal matters in controversy, were, in accordance with the
previous decree, finally determined.

BROWN v WALLACE.

The auditor having awarded to each claimant a dividend on the whole amount of his
claim, including interest up to the day of sale, the report was confirmed, and the
proceeds directed to be applied accordingly, with interest on the commission and
dividends in proportion as it had been or might be received.—According to the
terms of the usual decree for a sale, the purchaser pays interest whether he gets
possession or not.—No sale of a party pendente lite can affect the title of the par-
chaser tinder the decree.—The report of the trustee, when confirmed, is conclu-
sive as to the terms of the sale.—When land is sold by the acre, a survey and
measurement, to ascertain the amount, is granted as of course.—In what eases
land may be said to be sold by the tract or by the acre.—A purchaser, cannot im-
peach the sale on the ground, that more bad been sold than was necessary .—The