MACKUBIN v. BROWN.—1 BLAND. 383

Consequently, in order to recover that debt this decree may well
be revived by her executor or administrator alone; but no attempt
appears to have been as yet made so to revive it.

Whereupon it is ordered, that the said petition be, and the same
is hereby dismissed with costs.

After which the case having been brought before the Court of
Appeals, the appeal was dismissed. Owinigs v. Owings, 3 G. &
J. 1.

* MACKUBIN v. BROWN. 4 JO
CREDITORS" SUITS.—DUTIES OF TRUSTEES.

In a creditor's suit the decree for a sale of the realty, being founded on the
fact of the insufficiency of the personal estate, necessarily establishes
that point; and, consequently, after that, the correctness of the admin-
istrator's accounts cannot be impeached for the purpose of turning a
creditor, who had come in under the decree away from the realty to
seek payment of the personalty. (a)

After the notice to creditors had been given, a sale had been made, and a
distribution of the proceeds had been awarded to creditors, claimants,
who had been infants, were allowed to come in soon after they attained
their full age, and to have a further sale of the realty made for the
satisfaction of their claims; and that too, after a partition had been
made of it among the heirs of the deceased debtor.

A trustee, under a decree for the sale of property, who fails to bring into
Court, or to account for the proceeds of sale, or the bonds and notes
taken by him to secure the payment of the purchase money, may be
charged with the whole amount of the proceeds according to his report
of the sales. But. by thus holding the trustee liable, the Court does not
thereby virtually exonerate any one else, (b)

A trustee cannot be permitted to apply a part of the proceeds of sale without
any authority from the Court, and then to come in to have it allowed as
set-off against the claim of the party to whom it was paid, (cj

It appears, that William Hammond, of Anne Arundel County,
by his will and codicil, made on the 24th of March, 1807, after de-
vising several parcels of his land to particular persons, and eman-
cipating some of his negroes, directed, that all the residue of his
real estate should be sold by his executors for the payment of his
debts; and the surplus of the proceeds to be invested and applied
in satisfaction of legacies, as therein specified among the children
of his sisters; and he appointed Basil Brown and William H. Mar-

(a) Affirmed in Hammond v. Hammond, 2 Bland, 359.
(6) Cited in Maddox v. Dent, 4 Md. Ch. 549.

(c) Approved in Dent v. Maddox, 4 Md. 537: Sewall v. Costigan, 1 Md. Ch.
211.