296 HAMMOND v. HAMMOND.—2 BLAND.

devises a.nd bequests had been made as set forth in the bill; that
he had collected several sums of money, and had taken into his
possession some of the personal estate of the testator; that he had
stated an account with the plaintiff Charles and the defendant
Elizabeth, from which it appeared, that he had paid $300 more
than he had received; and that he was then ready and willing to
account. The defendant Elizabeth, by her answer, admitted the
facts as stated in the bill: and averred, that no part of the assets
had come to her hands as executrix. The infant defendants Ma-
tilda, Harriet, and Philip, answering by their guardian ad litem,
said, that they had no knowledge of the matter, and submitted
their interests to the protection of the Court.

The plaintiffs put in a general replication to these answers;
upon which a commission was issued, and testimony taken and
returned. After which the case was brought before the Court,
that a decree to account might be passed by consent,

BLAND, C., 27th August, 1828.—This case standing ready for
hearing and being submitted, the proceedings were read and
* considered. Whereupon it is decreed, that the auditor take an
account of the real and personal estate of the late Philip Ham-
mond which came to the hands of the said Elizabeth Hammond,
Rezin Hammond, Thomas Hammond, and Charles Hammond, as
executors or otherwise of the late Philip Hammond; and of the
manner in which the same may have been administered or distrib-
uted. And also an account of the debts due and owing from the
said late Philip Hammond at the time of his death which are yet
remaining unpaid. And that the auditor state said accounts from
the pleadings and proofs now in the case, and from such other
evidence as the parties may have taken before him, or have taken
before any justice of the peace, on giving three days notice as
usual, and lay before him.

* After which the case was brought before the Court to
310 have the creditors of the testator called in, for the purpose
of having the assets properly administered, and of making a final
settlement and distribution of the estate.

BLAND, C., 17th September, 1828.—Ordered, that the creditors
of Philip Hammoud, late of Anne Arundel County, deceased,
file the vouchers of their claims in the Chancery office on or before
the 17th day of January next. And that a copy of this order be
inserted in some newspaper or newspapers once in each of three
successive weeks before the 17th day of October next.

The object of this suit being to adjust the rights and liabilities
of the respective parties, as claimants under the will of Philip