HO YE v. PENN.—1 BLAND. 31

KILTY, C., Gth March, 1819,—Ordered, that the above state-
ment, as reported, be confirmed; and the proceeds applied accord-
ingly; except the sum to be distributed among the grantees of
Charles Penn, Seu'r, which is reserved for further order. Interest
to be paid on the commission, claim and dividends, in proportion
as it has been or may be received. After which, on the 25th of
October, 1819, the Chancellor again ordered upon this account,
that the trustee, after retaining his commission and paying such
costs above reported as may be still due to the officers, may de-
posit, to the credit of the estates, any sum in his hands, or to be
received.

It having been shewn, that Benny Penn bad assigned a part of
the land he had purchased of the trustee, to Lyde Griffith; and
that William G. Penn had assigned a part of that which he had
purchased to Caleb E. Penn, and Ann his wife; it was, on the 7th
of July, 1820, ordered, that, on the purchase money being paid,
the trustee convey according to those assignments.

* The plaintiff, John Hoje, on the 1st of February, 1821,
filed his petition, on oath, in which he stated, that he had 37
agreed with the plaintiff, Stoddart, that he, Hoye, should be at
all the trouble and expense of prosecuting this suit; and also
another suit against Lloyd Beall, in which these plaintiffs were
jointly interested; and, that he, Hoye, should be remunerated for
all his expenses; and, also be allowed for his trouble a reasonable
commission upon whatever should be recovered; and, that he had
accordingly prosecuted those suits; and had, for that purpose,
expended in various ways the sum of 31,154.40; that Stoddart,
after the agreement with this petitioner, had assigned all his in-
terest in those suits to Charles Gassaway, who had refused to con-
tribute any thing towards the expense of prosecuting them; that
Gassaway was dead, leaving William Darne and Charles Gassa-
way his executors: that Stoddart was dead intestate, and no ad-
ministration had been granted on his estate; and, that the audi-
tor, in the account reported by him, had awarded the amount
claimed by the plaintiffs to them jointly, without making any
division of it between them. Whereupon the petitioner prayed,
that this his separate claim might be allowed out of the amount
so awarded to the plaintiff's jointly, &c.

At the same time the executors of the late Charles Gassaway,
filed their petition, claiming the one-half of the amount of the
proceeds which had been awarded to the plaintiff's, for their testa-
tor, who was the assignee of the plaintiff Stoddart.

KILTY, C., 3rd February, 1821.—On considering the above peti-
tion, it is ordered, that the auditor state the claim of the peti-
tioner, (Hoye,) giving notice and taking evidence in the usual