32 HOYE v. PENN.—1 BLAND.

manner. The application of the proceeds under the order of
March, 1819, (as to the petitioner and C. Gassaway's executors,)
to be suspended till further order. The order to be made on the
above petition, (by Gassaway's executors,) will depend on the
decision on the petition filed by J. Hoye.

In pursuance of this order, the auditor repotted, on the 6th of
February, 1821, that the petitioners, Hoye and Darne, had ap-
peared before him, and come to an agreement, according to which
he had made a dividend of the amount allowed to the plaintiffs,
between them, awarding to Hoye the sum agreed upon: which re-
port of the auditor was immediately confirmed.

The defendant, William G. Penn. filed two petitions, in which
he stated, that he was interested as a purchaser of a part of the
lands * in Montgomery County; and also as one of the legal
representatives of his late father, Charles Penn, Sen'r;
among whom it appeared, that there was a large surplus to be dis-
tributed. Whereupon he prayed, that the surplus might be dis-
tributed: and, that the share due to him might be deducted
from the purchase money he had stipulated to pay, &e.

JOHNSON, C., 23rd January. 1823.—I do not perceive by the
proceedings, that the surplus ever has been divided. The audi-
tor's report of the 26th of February, 1819, makes a surplus of
$1,300.4 1/2 to be distributed among the grantees of Charles Penn,
Sen'r, deceased; but, who they are, or what proportion each is
entitled to receive, don't appear.

The exhibits filed with the petition of William G. Penn are too
informal, and some of them want even the appearance of proof.
An order, such as requested by the petitioner, don't appear, at
present, proper to pass. But on application, an order may be
obtained for the auditor io state who are entitled to the surplus
and the proportion of each; and then, on the petitioner obtaining
their receipts to the trustee, given in conformity with the Act of
1816, ch. 134, the trustees will be directed to execute a deed. In
the meantime, to prevent the petitioner, (who I presume is enti-
tled to the whole surplus,) from being compelled to pay money to
the trustee, that he may hereafter plainly appear entitled to, an
order may pass directing the trustee to suspend collecting that
sum, with the interest, until further order.

Ordered, that the auditor state an account in which he will desig-
nate who, and in what proportion, are entitled to the surplus money
mentioned in his report of the 26th of February, 1819, and report
the same. The report to be made from such evidence as is in the
case; and from such as may be laid before him. As the petitioner's
debt is suspended, and the time will not expire perhaps before the