384 MACKUBIN v. BROWN.—1 BLAND.

riott his executors. After which he died; his will was proved
according to law; and, on the 7th of October, 1807, his executors
by a note addressed to the Register of Wills renounced the execu-
torship. 1798, ch. 101, sub-ch. 3, s. 7; Dep. Com. Gui. 69; 3 Bac.
Abr. 43. And administration, with the will annexed, was imme-
diately granted to Basil Brown. And, on the same day, Basil
Brown filed his petition in this Court, stating these facts and
alleging, that he was interested in the estate as appeared by the
will, and prayed that a trustee might be appointed to carry the
will into effect.

Whereupon, and according to the Act of Assembly, 1785, ch.
72, s. 4, a decree was passed ex parte, on the 12th of October. 1807.
directing the real estate of the late William Hammond to be sold:
and Basil * Brown was appointed the trustee to make the
411 sale upon the terms, that the purchaser should pay one-fifth
of the purchase money on the day of sale, and give bond with ap-
proved surety for paying the residue in four equal annual instal-
ments with interest from the day of sale. In virtue of this decree
the whole was sold at foiu different times. The last of which
sales was made on the 25th of August, 1809; and all of them
were finally ratified. It does not appear, from any thing to be
found among the proceedings, that any part of the purchase
money, or any bond of any one of the purchases, except that of
Lewis Duvall, was ever brought into Court by this trustee Brown:
who died some short time previous to the 15th of June, 1815. It
appears, that the trust reposed in Basil Brown having been left by
him unfinished at the time of his death, Thomas II. Bowie was, on
the 15th of June, 1815, appointed to complete the trust; who also
having died before it was finally closed, Israel Davidson was, on
the 5th of October, 1825, appointed as his successor for that
purpose.

After the death of Basil Brown, Richard Mackubin, on behalf
of himself and the other creditors of Brown, on the 12th of June.
1816, filed this bill here, in which he alleges, that Brown, had died
intestate without leaving a sufficiency of personal estate to pay
his debts; and thereupon prayed, that his real estate might be
sold for that purpose. The heirs of Brown, some of whom were
infants, were alone made parties; and, on the coming in of their
answers, admitting the insufficiency of the personalty, a decree
was passed, on the 28th of June, 1816, appointing Matthias Ham-
mond, who was one of the administrators of Basil Brown, to make
sale of his real estate for the payment of his debts; and upon the
death of Matthias, Rezin Hammoud was appointed trustee to
complete the trust, and a part of the real estate of Basil was
accordingly sold. Public notice was given as usual to the credi-
tors of the late Basil Brown, to bring in their claims, and the time
limited lor them to do so had long elapsed.