CAMPBELL'S CASE.—2 BLAND. 203

petitioners further state, that the plaintiff Randolph Campbell,
was then dead intestate, and without issue; that Charles Campbell
still continued to be of unsound mind, and was then in the hospi-
tal in Philadelphia, without hope of recovery; and the petitioner
Catherine, * as, the devisee, who, by the will of her father,

was to take on his behalf and after him, considered this peti-
tion filed as well on his behalf as her own; that these petitioners
had, in pursuance of the intention of the testator, been put into
possession of the real and personal estate devised in trust for
their use; and that the creditors were so pressing, that the peti-
tioners were apprehensive that the estate in their hands might be
taken from them; and that they might thus be left without the
means of support. Upon which they prayed, that a trustee might
be appointed as authorized by the Act of Assembly, &c.

With this petition the trustee Donaldson filed his affidavit, in
which he states, that he, had advertised two public sales of the
estate; and had only been able to effect a sale of the two lots in
Washington as before reported by him; that he believed no sales
could now be effected, except at ruinous sacrifices: and that by the
statement of the auditor there were debts due to the amount of
$50.860.65, which, he understood, might have been reduced $8,000
or $10,000 by payments which had been made.

BLAND, C., 12th December, 1827.—Decreed, that John 1. Donald-
son be and he is hereby appointed trustee with full power and
authority to mortgage the real estate of which the said William
Campbell died seized, or any part thereof to such person or persons
and for such sum or sums, and on such terms and conditions as he
may deem most advantageous to all persons interested in the estate;
provided, that the said trustee before he proceeds to the execution
of his trust, shall give bond with surety in the penalty of fifty thou-
sand dollars. &c.

James Cunningham and Catherine his wife, two of the plaintiffs
in this case, by their petition to the Chancellor, set forth, that
Charles Campbell, of Frederick County, had been for some years,
and then was in a state of great mental weakness and unsoundness
of mind; rendering him incapable of managing himself or his prop-
erty; that he never had been married; and that the petitioner
Catherine his sister, and Edward Campbell his brother, were his

said William Campbell. Provided, That the trustee or trustees, so appointed,
before he, she, or they proceed to the execution of the trust, shall execute
a bond to the State of Maryland, with such security as the Chancellor shall
require, conditioned for the performance of said trust, and for the faithful
application of the sum or sums of money which may be received from the
mortgage of said estate, to the payment of the debts due by the said William
Campbell previous to his decease.—1825, ch. 135.