"We  are  of  the  opinion  that  no  such  special  trustee  need  here  be  ap-
pointed for  the  purpose  of  representing  and  protecting  such  interests  of
persons  not  in  esse,  if  any,  believing  that  such  interests,  if  any,  have
been  by  the  testator  himself  duly  committed  to  and  effectually  reposed  in
the  respondent  as  trustee,  who  is  thus  duly  clothed  with  absolute  power
and  authority  to  represent  such  unborn  persons,  if  any,  and  their  rights
and  interests  to,  in  and  concerning  the  said  real  estate  in  this  cause."

Dodd's  Estate,  i  Wash.  236.
61.    PARTITION  DOCKET.
SECTION  41.  It  shall  be  the  duty  of  the  clerks  of  the  orphans'
courts  of  the  several  counties  of  this  commonwealth,  and  they
are  hereby  required  to  enter  in  a  book  to  be  procured  for  that
purpose,  to  be  called  a  partition  docket,  all  the  proceedings  in
partition  in  every  case  in  their  respective  courts,  from  the  com-
mencement to  the  final  judgment  and  decree  thereon,  which  shall
be  and  the  same  is  hereby  made  the  record  of  said  court;  for
which  service,  such  clerks  shall  be  entitled  to  receive  the  same
fees  as  the  recorders  of  deeds  receive  for  recording,  to  be  taxed
and  paid  as  part  of  the  costs  of  such  proceedings.
44


PARTITION  ACT— Sections  41-42-43-44


Note.— This  is  Section  i  of  the  Act  of  April  4,  1889,  P-  L.  23,  3  Purd.
3436.
62.  PARTITION  INDEX.
