HOYE v. PENN.— 1 BLAND. 33

report of the auditor, it is thought premature to act on the latter
part of the petition.

On the same day the auditor made a report, in which he says,
that it appearing now by the deposition of Adam Darby, filed
yesterday, that William Penn survived Charles Penn, Jun'r, he
had, in obedience to the order of to-day, and in conformity with
his report of the 26th February, 1819. stated the within account
with the trustee, for so much of the proceeds of the said estate,
as by the account then reported, was reserved for distribution
among * the grantees of the said Charles Penu, Sen'r. The
nett sum distributed, he had first apportioned to the lands 39
conveyed by the deceased, and sold by the trustee, according to
the sums raised by the several parcels; and then distributed each
portion, among the surviving grantees of each parcel respectively;
the deceased's deeds having made them joint tenants thereof.
This report was, by an order of the 29th of January, 1823, con-
firmed, and the proceeds directed to be applied accordingly.

The trustee represented to the Chancellor, that Benny Penn,
had now assigned the whole of the land which he had purchased,
to Lyde Griffith, who was his surety in the bond, given to secure
the payment of the purchase money: that the land having sold for
more than the debt due, a portion of the surplus was to go to
Benny Penn which sum Griffith wished not to be compelled to
pay to the trustee, or to bring into Court. Whereupon the trustee
prayed the direction ol the Court.

JOHNSON C., 24th April. 1823.—On examining the assignment
from Benny Penn to Lyde Griffith, dated the 7th July, 1820, I per-
ceive that Griffith is to pay the full purchase money and interest
due thereon, before the trustee is to execute a deed. By the terms
of the original decree, the trustee is restrained from giving a deed
until the whole purchase money is paid: and therefore, without a
special order to the contrary, must act accordingly. Griffith may
have not only purchased the land from Penn, but at the time, it
may have been agreed, that he was to have all the inteie.st Penn
had in the estate; if so, and Penn. and himself will join in an
application, the sum due toPenn may, by an order, be placed to
the credit of Griffith: and a deed directed on the trustee's receiv-
ing the balance: otherwise, in the language of the assignment, he
must pay the full purchase money and interest.

After which, Benny Perm again moved to obtain further instruc-
tion as to the distribution of the proceeds and the amount to be
paid by Griffith, &c.

1 B,