198 CAMPBELL'S CASE.—2 BLAND.

his wife, against John McHenry. It states, that William Camp-
bell, the father of these plaintiffs, Edward, Randolph, and Cathe-
rine, being seized and possessed of a large real and personal estate,
on the 8th of September, 1821, made his will, by which he gave
the whole of his property to the plaintiff, Edward, and the defend-
ant, in trust, as follows:

"All my lands in Baltimore County to be sold for the payment
of my debts; and if the proceeds thereof, together with the debts
due me should not be sufficient to discharge the same, then my
.square in Fredericktown, my Tontine shares, and my ten Potomac
shares to be sold for that purpose, or so much thereof as may be
necessary: and if there should still be a deficiency, then as much
of my property in the City of Washington as may be necessary to
supply that deficiency. My debts being paid, then the residue of
my property to be held for the use of my children, viz: Catherine
Cunningham, Charles Campbell. Randolph Campbell, and Edward
Campbell, in the manner and proportions following." The testa-
tor then- goes on to specify the portions which each one was to
have; and declares, that it shall be held in trust for the use of each
one during his or her life, and afterwards to be equally divided
among his or her children. And then the testator appoints the
plaintiff Edward, and the defendant, to be his executors.

The bill further states, that William Campbell soon after having
thus made his will died, leaving the four children therein named,
one of whom, Charles, was then and still continued to be non
compos mentis; that the executors qualified as such, and undertook
to act as trustees according to the trusts reposed in them by the
will; that the testator, at the time of his death, was largely in-
debted to sundry persons, which debts yet remain unpaid; that the
plaintiff Edward, as trustee sold one part of the lands in Baltimore
County to Warner Warfield, and another part of the same tract
to James * Hood, and had received a payment, in part, from

211 Warfield, to whom he had delivered possession, but that
Warfield had refused to pay any more, and Hood had refused to
pay anything, although they were both of them able and willing
to comply with the terms of their bargain, until they could obtain
a good title by a joint conveyance from the trustees, the plaintiff
Edward and the defendant; that some of the creditors of the tes-
tator had sued and obtained judgments against his executors, and
others were pressing for payment; and that the testator's personal
estate was wholly insufficient to pay his debts. Whereupon the
plaintiffs prayed that the sales made by the trustee Edward, might
be affirmed, and that the defendant might be ordered to join in
making sales, without delay, to satisfy the claims against the
estate, so as to relieve so much of it as had been devised to their use
from that incumbrance.