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Mr. Burroughs. For the Complainants.
The Defendants have precluded a reference to the Master, for they have examined Witnesses to substantiate their account.
[Double Line]
Mr. Hart. If a Trustee misbehaves he shall pay Costs out of his own money not out of the Fund.
Viner Vol. 6 = Page 323 – Haberdasher’s Company.
344, 3d P[ILL] Williams. The Trustee made a bad Defence, therefore the Costs shall not be paid out of the Funds.
699; 2d Vernon.