80 STRIKE'S CASE.—1 BLAND.

* to require no higher proof than snch as would induce the
88 Orphans' Court to allow the claim according to the testa-

tain property, mortgaged by the said Caskey, over and beyond the mortgage
debt and costs, &c.

After which, Bernard Caskey, as creditor of Francis Caskey. deceased, by
a petition, prayed to have his claim discharged out of the surplus remaining
after discharging the mortgage.

HANSON, C., 16th October, 1802,—Ordered, that the trustee for the said
sale, hy publishing this order three Tuesdays or three Fridays in the Balti-
more Telegraph, before the 15th day of November next, do give notice to the
creditors of the said Francis Caskey, deceased, to exhibit their claims, with
the vouchers thereof, to the Chancellor, before the first day of February
next, to the intent that a fair dividend of the said surplus may be made
amongst the just creditors of the said deceased.

This order was published, aad, in consequence thereof, several creditors
exhibited their claims, an account of all which was stated by the auditor.

HA.NSON, C., 13th February, 1803.—Ordered, that the money arising from
the sale of the estate of Francis Caskey, be applied according to the audi-
tor's statement filed on the 11th instant; and that the balance of £328 Os. 3d.
be paid to Charles O'Brian and wife.

After this, on the 1st of March, 1803, William Richardson, by his petition,
stated, that the late Francis Caskey was indebted to him, the vouchers of
which he filed, being short copies of judgments obtained by Bernard Caskey,
against the plaintiff, Charles O "Brian, as administrator of F. Caskey, a part
of which were assigned to the petitioner, and the surplus still remained in
the hands of the trustee, who was apprised of this application, and would
not pay over the proceeds, until this claim was acted upon. Prayer that the
claim be allowed.

HANSON, C.. 1st March, 1803.—In this case, the Chancellor has passed an
order for discharging the claims which had been filed and passed, and for
the residue of the money arising from the sale to be paid to Charles O'Brian
and wife.

It seems, this order has not been fully complied with, and this day, for
the first time, claims are exhibited, with a prayer, that they be discharged
by an application of the said residue. The Chancellor being satisfied of the
justness of the said claims cannot do otherwise than direct an application
accordingly. And, had the said claims been exhibited in due time, no order
would have been passed, as aforesaid, in favor of O'Brian and -wife. It is
well, that an application is made before the money is paid under that order.
But had the money been so paid, no blame could attach to the Court or to
the Register.

The Chancellor regrets, that he feels himself compelled, by a paper which
has met his eye. to make certain remarks, which, at first sight, may appeal-
unnecessary, if not improper. There is not the slightest reason for him to
believe, that the aforesaid claims were ever before this day received into the
office. It is far more probable, that, being either put into the mail, or en-
closed in a letter to be delivered by a private hand; they never reached the