WATKINS v. DORSETT.—1 BLAND. 499

This bill was filed on the 29th of January, 1827, by Samuel Wat-
kins, Augustus Watkins, Charles Watkins, Ann Watkins, Jane
Watkins, and Eliza Watkins, infants, by Benjamin Watkins their
next friend, against Thomas J. Dorsett. The bill states, that
Samuel W. Clagett, by his will, made on the 21st of July, 1815,
bequeathed certain negro slaves to the infant plaintiffs, and ap-
pointed Walter Clagett his executor; that Samuel died soon after,
and Walter, having taken upon himself the office of executor,
returned an inventory of his testator's personal estate on the 3d
of June, 1817; and on the 9th of April, 1819, passed a final account,
in which he is represented to have paid in satisfaction of claims
against his testator the sum of $343.18 more than the amount of
moneys received by him; that, soon after the settlement of this
final account, he transferred and delivered to the legal guardian
of these infant plaintiffs, for their use, the several specific legacies
which had been bequeathed to them by his testator; and acknow-
ledged himself to be perfectly satisfied and paid; that afterwards,
in the year 1819 or 1820, Walter Clagett died; and the defendant,
who had married his daughter, and was thus interested in having
this alleged claim against the testator Samuel established,
*had obtained letters of administration de bonis non on the 531
estate of the testator Samuel W. Clagett. and had advertised for
sale, and was about to sell those very slaves, which had been so spe-
cifically bequeathed and delivered to these plaintiffs. The plain-
tiffs, by their bill, averred, that no debt was then due on the final
account of the late Walter Clagett: that it had been satisfied; that
no suit had ever been instituted to establish it; and that it was
barred by the Statute of Limitations. Whereupon the plaintiffs
prayed, that they might have an injunction to prevent the defend-
ant from making sale of the property so bequeathed to them; and
that they might have relief, £c. The injunction was granted as
prayed.

The defendant put in his answer, in which he admits the facts
as stated in the bill; but denies that the claim had ever been paid;
and insists, that it could not be barred by the Statute of Limita-
tions, as there had not been, until he administered oa the estate
of Samuel W. Clagett, any one against whom suit for its recovery
could have been brought, and that it was with him alone to admit
or deny the existence of the debt.

Upon this answer the defendant gave notice of a motion to dis-
solve the injunction: on the hearing of which on the 17th of
March, 1827, it was continued until the final hearing or further
order. After which a commission was issued, under which testi-
mony was taken and returned, and the case set down for final
hearing.