HAMMOND v. HAMMOND.—2 BLAND. 295

be sufficient to discharge my debts, then I direct that my execu-
tors pay the balance of my debts from my estate generally; and
from the rents and profits thereof; and I request, and will, that
they give bond for their payment; and that no administration on
my estate be had in the ordinary manner; but that the property
devised to my sons and daughters and to my grandson, shall con-
tribute in equal proportions to the discharge of my debts, to be
applied and used in such manner as my executors may deem most
advisable and beneficial."

After which, on the 19th of October, 1822, he added a codicil
to this will, in which he made some other dispositions of his pro-
perty, and concluded in these words, "I devise and direct, that all
the rest and residue of the lands which I purchased of the Miss
Hoods, after deducting therefrom the part above devised to my son
John and his heirs, shall be sold by my executors, and the pro-
ceeds thereof applied to the payment of my debts. It is my will
and desire and I do hereby direct and devise, that all debts due
me by bond, note, open account or otherwise, with the exception
of the mortgage debt due by John W. Dorsey, and which I have
herein before devised to my daughter Harriet, shall be assets in
the hands of my executors to be applied to the payment of un-
just debts, and whatever surplus there may remain, I give and
devise to my wife Elizabeth Hainmond. Whereas in and by said
will I have bequeathed to my son Charles three negroes, named
Dinah, Amy, and Andrew, and to my daughter Harriet two others,
named Margaret, and Rose: since which time T have parted with
all property in said negroes, I do therefore, in lieu of the said
devises, give and bequeath to my said son Charles the sum of
$700, and to my said daughter Harriet the sum of $300 respec-
tively."

The bill further states, that after the death of the testator his
will was proved; that the executors therein named obtained letters
testamentary, giving security to pay all debts and legacies accord-
ing to law, and have acted accordingly; that the testator's person-
al estate would not be sufficient to pay his debts; and, that Henry
Hainmond, one of the devisees, had, since the death of the tes-
tator, died without children, and unmarried. Whereupon it was
prayed that an account be stated so as to shew how the estate of
the testator had been disposed of by his executors; and what
* amount, if any, of his debts yet remained unsatisfied; that
the several devisees might be compelled to contribute accord- 309
ing to the requisitions of the will, to such of the debts as yet re-
mained unsatisfied; and that the plaintiffs might have such other
relief as the nature of their case might require.

The defendant Rezin by his answer admitted, that, in the man-
ner as stated, he had taken upon himself the office of one of the
executors of the will of the late Philip Hammond, in which the