298 HAMMOND v. HAMMOND—2 BLAND.

$2,047.29; and that there was due from the defendant Rezin $555.19;
that the outstanding claims against the testators, as then shewn,r
amounted to $3,086.29; that Charles and Harriet claimed to have
their legacies charged against the general fund, which, if allowed,
would leave the sum of $5,908.39 to be provided for; that assum-
ing this as the amount to be raised from the estate, he had stated
the amount of contribution with which the respective devisees were
chargeable; that there was a debt due to the estate amounting to
$605 with interest and costs, which had not then been collected:
and of the parcel of land devised to be sold for the payment of
debts, there remained one hundred and fifteen acres yet to be dis-
posed of; neither of which items had been included in his estimate
of the estate.

To this report of the auditor the defendant Rezin excepted;
because Charles and Harriet had been allowed their legacies out
of the general fund to the prejudice of the other devisees.

The parties Thomas, Charles, Kezin, and Elizabeth, as executors
of the late Philip Hanimond, by their petition stated, that a judg-
ment had been recovered against them, and their sureties, on their
bond, as executors, for the use of Nicholas G. Ridgely for
312 *the sum of $471.36, with interest and costs, it being a debt
due from their testator; and that Ridgely had sued out a fieri
facias against them. Whereupon they prayed that he might be
restrained from proceeding at law, &c.

On the 29th of September, 1829, an injunction was granted as
prayed.

The plaintiffs, with the leave of the Court, on the 28th of Octo-
ber, 1829, so amended their bill as to make Ann Hammond, the
wife, and Matthias Hammond, Deuton Hammond, Susan Ham-
mond, and Ann Hammond, the infant children of the defendant
Rezin; and Harriet Hammond, the wife, with Henry Hammond,
Thomas Hammond, and Margaret Hammond, the infant children
of the plaintiff John, parties to this suit, on the ground of their
having an interest in the estate of the testator under his will. The
adult defendants put in their answers, and the infant defendants
answering by their guardian ad litem to this amended bill, admitted
all the facts as set forth by the plaintiffs.

On the 7th of November, 1829, the parties tiled the following
agreement: " Whereas there is a cause now depending in the
Court of Chancery, for the settlement of the estate of Philip Ham-
mond, deceased; and it is. ascertained, that the estate specially
devised by said Hammond, for payment of debts, is insufficient for
that purpose; and whereas there is some doubt whether the con-
tribution provided for by the will, should be made by the devi-
sees of said Hammond, equally, or in proportion to the value of
the property severally devised to them. It is, therefore, agreed,
in order to save expense, that said doubt shall be submitted to the