.ART. 16.] CHANCERY—PLEADING, PRACTICE, PROCESS. 185

permitted to make himself a party to the original cause, and
defend the same, and the proceedings in the original cause shall,
after the service of such petition, be conclusive as to such other
party; and if he shall appear thereto, the same shall be conducted
as if he had been made a party thereto in the first instance.

Rule 32.

160. In all suits concerning real or personal estate, where the

entire estate sought to be affected by the decree or order prayed
for, is vested in trustees, under any deed, will or other instru-
ment, with an immediate and unqualified power of sale, coupled
with the right to give receipts, such trustees shall represent the
persons beneficially interested under the trust, in the same man-
ner and to the same extent as the executors or administrators in

suits concerning personal estate represent the persons beneficially
interested in such personal estate; and in such cases it shall not
be necessary to make the persons beneficially interested under
the trust, parties to the suit; but any party interested may, upon
his own application, be allowed to come in and be made a party
to such proceeding, and the court or judge thereof may, upon

consideration of the matter on the hearing, if it should be deemed
proper, order such persons, or any of them, to be made parties.

Rule 33.

161. It shall not be necessary to dismiss the entire bill or peti-
tion in any suit, because simply of the misjoinder of parties or
the subject-matter of the suit; but the court may dismiss the bill
or petition as to such of the parties, plaintiff or defendant, as
may be improperly joined, and may dismiss the bill or petition as
to such of the subject-matter as may be improperly joined or
included therein, so as to relieve the bill or petition of the objec-
tion of being multifarious. And the court may, according to
the special circumstances of the case, to meet the requirements of
justice and to prevent a multiplicity of suits, decree as between
the plaintiffs, as if they occupied positions of plaintiff and defend-
ant upon the record, and may so decree as between co-defendants
to the cause; provided, such decrees shall be founded upon the
allegations of the pleading between the plaintiffs and defendants,