46 LATIMER v. HANSON.—1 BLAND.

sale of the real estate in the hands of the trustee; and that notice
be given to the heirs, devisees, and creditors.

KILTY, C., 24th July, 1820.—On the petition of Sarah H. Smith,
the auditor is directed to state an account of the claims against
the estate of Charles Wallaee if the proceedings are in a state for
that purpose.

Immediately after which the case was again brought before the
Court for further consideration on the same petition.

KILTY, C., 29th July. 1820.—On the petition of Sarah H. Smith,
claiming to be a creditor, and praying to be paid out of the pro-
ceeds of the said estate, on the ground, that the personal estate is
insufficient, and that notice should be given to the heirs and devi-
sees, and to the creditors; I have examined the proceedings, and
find some difficulty in making the order at present. It has become
the established practice to admit and determine on claims to the
proceeds of sale on decrees for the purpose of dividing them; but
this being done to remedy the neglect or delay of creditors who
might have filed their original bill, it is incumbent on them to
shew who are at present the heirs and devisees, their residence
and ages, and to have order for publication against those out of
the State.

On the 31st December, 1821. some of the devisees filed their
petition, in which they stated, that the trustee, Brewer, had made
sale of the real estate, and had the money then in his hands; and
stated further, that there are several disputes both at lawr and in
equity, which have prevented a settlement of the personal estate
of the said Charles Wallace, and it may remain for a long time
doubtful whether the creditors or the representatives will be enti-
tled to the proceeds of the said sales. In the mean time the debts
are increased yearly by accruing interest, and the funds lie idle in
the hands of the trustee. Part of the money arising from said
sales * have now been upwards of three years in the trustee's
53 hands. Upon which they prayed, that a trustee might be
appointed to receive the money from Nicholas Brewer, and who
might be directed to invest it in some public stocks, and the divi-
dends thereof also to be invested.

JOHNSON, C., 31st December, 1821.—On the aforegoing peti-
tion, it is ordered, that the trustee, Nicholas Brewer, invest the
money that he has, or shall receive in consequence of the sales
made by him, in the stock of the Farmers Bank of Maryland, or
in the stock of the Government of the United States, as he shall
find most to the interest of those interested, and the dividends