226 LING AN u. HENDERSON.—1 BLAND.

The testimony of the witness was taken and returned accord-
ingly; but as the testimony of this same witness was afterwards
regularly taken, it is unnecessary here to take any further notice
of this examination de bene ease.

The defendants, David English and wife, on the 8th of May,
1822, filed their answer, which sets out in these words: " The
answer of David English, and Lydia English his wife, formerly
Lydia Henderson, administratrix of John Henderson, to the bill
of complaint of Janet Lingan and others. The said defendant sav-
ing * and reserving to herself now, and at all times hereafter,
239 all and all manner of benefit and advantage of exceptions
to the manifold uncertainties and imperfections in the complain-
ant's said bill of complaint contained, for answer thereunto, or to
so much thereof as materially concerns these defendants, to make
answer unto the said defendant Lydia English, answereth and
saith, that she admits," that James M. Lingan, by deed bearing
date on the 8th of May, 1807, conveyed to John Henderson the
tract of land as mentioned by the plaintiffs; that John Henderson
died intestate leaving the heirs, and that administration was
granted on his estate as stated by the plaintiff's; but, that no final
account hath been passed, by which she can ascertain whether
the personal assets of the intestate are sufficient to pay all just
debts against his estate. She further alleges, that about the first
of December, 1798, James M. Lingan, being possessed of a grist
and saw-mill, and other improvements, and of land adjacent,
agreed with John Heudersou to carry on the same in partnership;
which John Henderson carried on from that time until some time
about the year 1807; by which considerable profits were made,
which came to the use of James M. Lingan in his life-time; that
Richard Henderson, the father of John Henderson, died, leaving
five children, Janet, the wife of James M. Lingan, John Hender-
sou, Sarah Henderson, Arrianna Sims, and Ann Henderson; and
was at the time of his death possessed of a large real and personal
estate; upon which James M. Lingan and John Henderson took
out letters of administration of the personal estate jointly; that
James M. Lingan had possession, under those letters, of all the
intestate's personal estate; collected the whole of the debts, and
enjoyed the benefit of the commissions allowed for administering
the estate, which amounted to a considerable sum. The defendant
Lydia further answering, says, that John Henderson has never yet
received any part of what he was entitled to from Richard Hen-
derson's estate, but that the same has remained in the hands of
James M. Lingan. She admits such an instrument of writing as
that of the 10th of June, 1807, mentioned in the bill, was executed
by John Henderson: but she understood, that the land was to be
accounted for in the general settlement of accounts between them
at the price for which they had agreed; that in the settlement of