HAMMOND v. HAMMOND.—2 BLAND. 297

Hammond, deceased, it was obviously liable to abate by the death
of any one of them, whose interest did not survive or fall into the
common stock for the benefit of any one or all of the others;
although as regarded the creditors of the deceased, it was to be
treated as a mere creditor's suit. Therefore, on the death of the
plaintiff' Philip Hammond, the surviving plaintiff's tiled a supple-
mental bill of revivor against his widow Juliana Hammond, and
his infant children Philip Hammond, Marianna Hammond, Harriet
Hammond, Edward Hammond, and Cecelia Hammoud; who ali
answered and admitted the facts as stated in the bill.

The auditor reported, that in consequence of the imperfect state
of the accounts and vouchers of the defendant Bezin, who was
one of the executors, he had taken unusual pains to prepare his
account; that he, the auditor, had made a statement, to make a
report of which to the Court, the affidavit of Rezin was necessary;
that several days had been appointed for him to appear and verify
the statement; but he had failed to do so; from which, and his con-
duct the auditor alleged, that he was convinced he should be un-
able to report any account unless Bezin should be compelled to at-
tend.

BLAND, C., 8th August, 1829.—It having been made the duty
of the auditor to state such accounts as the Chancellor may direct;
and as he has, for that purpose, been clothed with authority to ad-
minister an oath to all witnesses and persons proper to be ex-
amined upon such accounts: 1785, ch. 72, s. 17; it necessarily
follows, that, here as in England on a reference to a master, where
an * executor, as in this instance, or other party has been
decreed or ordered to account, he may be called before the 311
auditor and examined on oath upon interrogatories in relation to
such account. The answers of a party to interrogatories being,
in such case, considered in the nature of an answer to the bill,
may, in the same way, be excepted to for insufficiency. And
such party may be compelled by attachment, if necessary, to at-
tend before the auditor, and to answer as required. 2 Fowl. Exch.
Prac.241; 1 Newl. Chan, Prac. 325.

Ordered, that the said Bezin Hammond forthwith attend before
the auditor, and give such information and testimony, or make
such affidavit as may be deemed pertinent and necessary to enable
the auditor to state such an account as he has been directed to
state, or the nature of the case may require; provided; that a copy
of this order be served on the said Rezin Hammond.

The auditor on the 25th of August, 1829, filed his report of the
accounts which he had stated in obedience to the decree of the
27th of August, 1828, in which he set forth, that the overpay-
ments of Charles, Thomas and Elizabeth, amounted together to