Methodist Episcopal Church v. Jaques

Headnote

Where the fund was clear, and the rights of the respective parties ascertained,' the court directed, pending the account, a part of the monies to be paid to the solicitor of infant plaintifls, towards further defraying the past and future expenses of the suit, and the interest on the residue of the portion .coming to such infants, to he paid, as it accrued, to their mother, for their necessary maintenance and education.

PETITION, stating the substance of the pleadings and decretal orders and sales, ánd other proceedings in this cause, and that the cause now stands on exceptions to the master’s report, and that the defendant threatens -to prosecute this cause further by appeal, and that all the plaintiffs stand in need of pecuniary aid, to enable them to carry on this expensive litigation, and that the infants, who are plaintiffs., are in want of monies for their necessary maintenance and education, and stating that a large sum of money is now in court, accumulating in the hands of die assistant register, and that one third of it belongs of fight, according to the said decretal orders,, to the trus

tees, and one third of it to the infants, and the other third to the defendant J. D. Jaques ; and praying that one third. of the said funds in the hands of the assistant register, to the credit of this cause, may be paid to the said trustees, a reasonable portion of one other third,.to the solicitor and counsel of the said infants, towards the past and future expense of this cause, and that the income and produce of the residue of the said third part, may be appropriated towards their requisite maintenance and education, and that a receiver may be appointed, to take the securities, and collect the debts due to the estate of Mary Jaques, deceased, for the benefit of the parties to this suit, who are her residuary legatees, &c.