FENWICK v. LAUGHLIN.—1 BLAND. 449

be sold in any other manner than by a creditor's bill; any creditor
of such deceased person inay be permitted to come in by petition,

KILTY, 0., 18th September, 1811.—The trustee, for the sale of the real es-
tate of John Spurrier deceased, is desired to give notice to the creditors to
exhibit their claims in the Chancery office before the first day of December
next, by advertisement iaserted three weeks in the American.

Henry McCoy by another petition stated, that his claim had been passed
by the auditor and the Orphans' Court: that the sales amounted to upwards
of $20,000, and the claims to not more than about $11,000; that he was tenant
to the purchaser, at the annual rent of $1,450; and he therefore prayed that
his claim might be discounted through the purchaser his landlord.

KILTY, C.. 33d March, 1813.—The Chancellor cannot direct the payment
or discount of any claim before the ratification of the sale; and in order to
its being made it is necessary to prove the publication of the conditional
order of ratification passed September 9th. 1811, which may be done by the
certificate of the printer or the production of the newspapers. It is neces-
sary also to produce the like proof of the publication of the newspapers. It
is necessary also to produce the like proof of the publication of the order of
September 18th, 1811, on the petition of Henry McCoy for the creditors to
exhibit their claims.

Archibald Dorsey by petition stated, that he was a creditor of the deceased,
and that his claim had been objected to, whereupon he prayed, that he might
be heard on a day to he appointed.

KILTY, C., 25th May, 1812.—On the above application the following order
is passed, which the register is desired to have published this week in the
Maryland Republican:—In Chancery, May 25th, 1812. Ordered, that the
claims against the real estate of John Spurrier deceased, to which excep-
tions have been filed, will be decided on, on the 1st day of June next.

The auditor reported, that he had in obedience to the order of the Chan-
cellor stated an account of the claims against the estate of the deceased.

KILTY, C., S2d July. 1813.—Ordered, that the statement of the claims as
reported by the auditor be confirmed. The commissions are not yet fixed,
and therefore the usual account with the trustee cannot be stated. But the
trustee is authorized and directed to settle with the said claimants by pay-
ment when the proceeds of the sales are received, or by discount, or assign-
ment, if agreed to by any of them; the amount of the sales being more than
that of the claims, and leaving a sufficiency for the commissions and costs
and the claims which are suspended.

Roderick Warfield by petition, filed 30th September, 1812, stated, that in
the life-time of the intestate he had married Henrietta one of his daughters:
that the trustee, on the 22d day of June, 1811, sold the greater part of the
real estate of the intestate; and on the 14th day of November, 1811, sold the
residue; that the whole purchase money was, or would shortly be in posses-
sion of the trustee; that his wife Henrietta died on the 9th of July. 1811,
after having had a child born alive during the marriage; that the trustee
refuses to pay to him his proportion of the estate to which his wife was
29 1 B.