386 MACKUBIN v. BROWN.—1 BLAND.

they allege, that a copy of their last petition, and the order
thereon, had been served on the trustee, but that, as they verily
believed, he had taken no steps to sell the lands, and that he did
not intend to execute his trust. Whereupon they prayed, that
* he might be removed, and another trustee appointed in his
413 place. And accordingly, by an order of the 8th of the same
month, he was removed, and Nicholas Brewer, Jun'r. appointed
in his stead, who gave bond, and proceeded to execute the trust.
But on the 16th of April, 1826, Thomas I. Stockett and Clarissa
his wife, filed their petition, in which they stated, that Clarissa
was one of the children of the late Basil and Henrietta Brown;
and, as such, was entitled to one-eighth part of the sum bequeathed
by the late William Hammond to Henrietta, and also to one-eighth
part of the real estate of the late Basil: and they objected to any
further sale being made of the real estate of the late Basil as prayed
by the petitioners Marriott and Shipley, and Vansant and wife; first,
because, their claims were not brought in within the time limited by
the notice to the creditors of the late Basil; and his creditors, who
had come in according to that notice, having been satisfied, a par-
tition of the residue of his real estate had been, long since, made
among his heirs, of whom Clarissa was one: secondly, because the
personal estate left by the late Basil was sufficient to pay all his
debts, if it had been properly administered; but it had been
wasted: and the administrator alone was now liable to these
claimants; and thirdly, because the late Basil ought not to be
charged with these claims, since, although he sold the real estate
of the late William Hammond, he bad not received the purchase
money, which, in fact, had been received by his administrator,
Matthias Hammond. The petitioners further stated, that the
trustee, Nicholas Brewer, had advertised the real estate of the
late Basil Brown for sale, which would take place in a few days.
Whereupon they prayed, that the sale might be suspended; that
the claims might be rejected; and that they might have such re-
lief as the nature of their case required, &c.

BLAND, C., 20th April, 1827.—Ordered, that the matter of the
aforegoing petition be heard on the eighteenth day of May next,
or earlier with the consent of parties; and that depositions in re-
lation thereto, taken before the commissioners appointed to take
testimony in the City of Annapolis or before any justice of the
peace elsewhere, on giving three days' notice as usual, be read in
evidence on the hearing. And it is further ordered, as prayed,
that the said Nicholas Brewer, Jun'r, the trustee, suspend all
further proceedings until further order: Provided, that a copy of
this order be served on the said trustee, and also on the former
petitioners Eli Marriott and Cornelius Shipley and Sarah his wife,