LINGAN v. HENDERSON.—1 BLAND. 225

administration upon his estate had been granted to his widow,
the defendant Lydia, who has since intermarried with the defend-
ant David; that the administratrix has possessed herself of the
personal assets of the estate, sufficient to pay all just debts
against it; and that John Henderson left three infant children,
the defendants Richard Heudersou, Sarah Henderson, and Janet
Lingan Hendersou, who are his heirs-at-law. That James M. Lin-
gan is dead intestate, leaving the plaintiff Janet his widow, to
whom administration upon his estate had been granted, and three
children, the plaintiffs Sarah, George, and Anne. And that the
administratrix of John Henderson disputes the claim of the rep-
resentatives of said Lingau against Henderson's personal estate;
and, his children being infants, no adjustment can be had with
them.

* Whereupon it is prayed, that the administratrix of Hen-
derson may be compelled to pay the amount of the purchase
money for the land, with interest; or if the sale should not be
admitted or proved, that the heirs of Henderson may be compelled
to reconvey the land to such of the plaintiffs as are entitled thereto;
and that the plaintiffs may have such further and other relief as
to the Court shall seem meet and consistent with equity. And
forasmuch as the defendants were all of them non-residents, the
plaintiffs prayed an order of publication, which was passed accord-
ingly, directing the defendants to be warned to appear on or before
the 29th day of May then next.

The plaintiffs, by their bill, filed on the 15th of December, 1821,
in this case, alleged, that Henry Waring, of Washington County,
in the District of Columbia, was the only person by whom they
expected to be able to prove their claim; that he was then ad-
vanced in life, and if deprived of his testimony, they were appre-
hensive that they would not be able to establish their claim. They
therefore prayed, that a commission might be issued to perpetuate
his testimony, and that it might be issued to James Dunlop, Jun'r,
John Marbury, J. J. Stull and Joseph Brewer, and for such other
relief, £c. Annexed to this bill there was an affidavit of the truth
of the facts stated in it, made before an Assistant Judge of the
Circuit Court of the United States for the District of Columbia;
and a certificate of the Secretary of State, that he was at the time
an Assistant Judge.

JOHNSON, C., 15th December, 1821.—Issue the commission as
prayed, (n)

(n) RYMEE v. DULANY—1787.—Petition for a commission de bene esse, stat-
ing that the petitioners, the plaintiffs, were in want of the testimony of
Abraham Cream, of Frederick County, who was a material witness for the
petitioners in the said cause, and who was about eighty years of age, and
sick and impotent. Granted.—Chan, Pro. lib. S. H. H. lett. C, fol. 296.
15 1B.