This case is ruled by the principle of Baker v. Williamson. The subject of it, being a trust, is, in its essence, a matter of chancery cognisance; and as such it has been committed by statute to the Common Pleas. Besides, there is an appeal to this court, which may involve a motion for a new trial, and in which the matters assigned for error may be examined; consequently it is premature to agitate them now.

Writ of error quashed.'