WILLIAMSON v. WILSON.—1 BLAND. 407

and in that way to procure some relief to themselves. But the
whole pecuniary benefit of the suit, must, according to their own
admissions, be awarded to their creditors. The mere form and
phraseology of the bill cannot materially affect the nature of the
case which it brings before the Court; and hence, although this is
not a suit instituted by a creditor either for himself alone, or for
himself and others, against his insolvent debtor; or against the
representatives of his deceased debtor to have his real and per-
sonal assets administered for the benefit of his creditors; yet it is
a suit which, by the express admission of the insolvent parties,
has placed under the control of the Court a considerable fund for
the benefit of those who are the creditors of the plaintiff and the
defendants jointly. It must therefore be considered in all respects
as a creditors' suit; and these petitioning creditors must be allowed
to come in as parties; and all the other creditors of this firm must
be called on by a public notice, in the usual form, to bring in the
vouchers of their claims by a limited time, before any distribution
can be made of the funds now in the hands of the Court. With
regard to the authentication of claims, and the conflicting rights
of claimants, the Court wilt be governed by its established rules in
similar eases, as any such questions may arise.(f)

* Whereupon it is ordered, that the plaintiff give notice
to the creditors of the firm of Wilson. Willamson & Co., to 432

(f) BARNABY v. HOLLINGSWORTH.—The bill filed 2d July, 1787, states that
John Barnaby, (who was not a defendant,) being indebted to the plaintiff
Richard Barnaby. and sundry other persons, conveyed all his property to
the defendants H. Hollingsworth, A. Todd. J. Field and J. Warder, in trust
for the benefit of his creditors; that the defendants took upon themselves
the trust; obtained possession of the property conveyed, and have refused
to distribute the money received, or to sell a part of the real estate, or to
account. Prayer to account, for payment, and general relief, &c. The de-
fendants answered. &c. It appears that, by an agreement of October, 1789,
signed by the solicitors of the parties, the case had been referred to arbitra-
tors: who, without the sanction of an order by the Chancellor, awarded,
that the plaintiff was not the partner of John Barnaby, and that he was in-
debted to the plaintiff in the sum of £3,200 Us. 3 1/4d.

HANSON. C., 28th November, 1789.—This case standing ready for decree,
and the bill, answers, exhibits and award aforesaid being read, and appear-
ing as herein before set forth; it is thereupon decreed, that the defendants
Henry Hollingsworth, Alexander Todd, John Field and Jeremiah Warder,
trustees in the deed aforesaid mentioned in the complainant's said bill, bear-
ing date the eighteenth day of January, in the year of our Lord one thou-
sand seven hundred and eighty-seven, do account with the complainant, and
render upon oath in this Court, a full and particular statement of all the
real and personal estate, debts due and owing to the said John Barnaby, and
other property assigned and conveyed to the said defendants by the said
deed of trust, and what part thereof hath been received by them or either
of them, or hath come to their or either of their possession, and how the