WINDER v. Diffenderffer 171

above devised to my daughters Bailey, Martin, and Lee, in the first
instance, in order to enable them to be manumitted at all events,
and to enable my wife and daughters to receive their legacies also;
my dear wife is also to have the one-third of the annual income
of my property situate on Baltimore and Calvert streets.'

This will was proved in the usual form by the subscribing wit-
nesses on the 8th of January, 1806, after which the following notes
were addressed to the Orphans Court. 'Being appointed by
Charles Rogers, deceased, one of his executors and trustees to his
estate, I decline from serving. Given under my hand this 18th
day of January, 1806, Nicholas Hopkins.' To the Orphans Court
for Baltimore county: Baltimore, 21st January, 1806. I hereby
renounce my right of acting as executor or trustee under the ap-
pointment in the will of the late Mr. Charles Rogers.—William R.
Smith.' Whereas I have seen the last will and testament of my
friend Charles Rogers, deceased, by which I am appointed one of
his executors, and one of the trustees to his estate; but finding
myself very infirm and of great bodily weakness, am under the
necessity of declining to act in either capacity. Given under my
hand at Baltimore, this 11th day of January, 1806.—John Merry-
man. William Buchanan, Register.'

The plaintiffs further stated, that the trustees, Merryman and
Smith, had refused to take upon themselves the trust proposed to
be confided in them by this will; and as there was no provision,
made by the testator, for having the trusts executed by one trustee
alone; (a) nor any compensation allowed to all the trustees; or to
the one trustee, Hopkins, who was willing to undertake the trust;
the bill prayed, that Hopkins might be authorized to act alone; and
that he might be compensated for his trouble.

The defendants Merryman and Smith, by their answer, admitted
the facts as set forth, renounced all right to act as trustees, and
left the matter to be disposed of by such decree as might be deemed
proper.

27th February, 1806.—KILTY, Chancellor.—DECREED, that
Nicholas Hopkins be appointed trustee for the purpose of carrying
into effect the will of Charles Rogers, deceased, in as full and ample
manner as the defendants Merryman and Smith, and the plaintiff
Hopkins were directed and empowered by the will of the deceased:
provided, that Hopkins, before he acts as such, files with the

(a) Co. Litt. 113 a.; Ram. on Assets, 76; 1828, ch. 174; 1831, ch. 311, a. 11.