HAMMOND v. HAMMOND.—2 BLAND. 307

person appointed to execute the trust; or the person appointed
neglects or refuses to do so, to appoint a trustee, to order a sale,
and to apply the proceeds accordingly. 1785, ch. 72, s. 4. And
although the application under that Act of Assembly is always
made ex parte, yet, if the object be to pay debts, it is treated, in
all the subsequent proceedings, as a creditor's suit; such as ordering
notice to be given to the creditors of the testator to bring in their
claims and the like. Ex parte Margard Black, I Bland, 142,
note. (p)

(p) Ex parte BOONE.—This petition was filed by Charles Boone and others
on the 13th of May, 1791: it states that the late Stephen Boone, by his last
will, had directed his lands to be sold, and the proceeds to be divided among
the petitioners; but had appointed no person to make the sale. Whereupon
it was decreed that a trustee be appointed. &c. &c. who made and reported
a sale accordingly.

HANSON, C.. 25th January. 1792.—Ordered, that the report of Gabriel
Duvall, trustee for the sale of the real estate of Stephen Boone. deceased, be
approved; and that his proceedings, and the sale therein mentioned, be ap-
proved, ratified, and confirmed; unless cause shall be shewn to the contrary
on or before the fifth day of next February Term.

No cause having been shewn, the case was submitted to the Court.

HANSON, C.. 9th June, 1792.—Ordered, that the sale be absolutely ratified,
&c., and that the said trustee may assign any of the bonds by him taken, on
the said sale, to such person or persons as is or are entitled to an assignment
agreeably to the decree of this Court, and the will of the said Stephen
Boone.

Upon the petition of Margaret Howard, and the exhibit, therewith filed,
the case was again brought before the Court.

HANSON, C., 9th June, 1795.—Ordered, that Gabriel Duvall. trustee for the
sale of the real estate of Stephen Boone, deceased, do assign and deliver unto
John Merriken. the guardian of the said Margaret Howard, appointed by the
Orphans" Court of Anne Arundel County, the bond taken by the said trus-
tee, on the sale of the said estate, of Gassaway Watkins, with Zachariah
Duvall and Ephraim Duvall, sureties for the principal sum of five hundred
pounds, dated 22d July. 1791; and that the said trustee assign the said bond
to the said guardian in trust for the said Margaret Howard, after having en-
dorsed the same, if. required, with the affidavit by law required, for enabling
the said Merriken to support an action at law on the said bond, in his own
name.

Ex parte, TONGUE.— This petition, filed on the 1st of February, 1794, states,
that the late Richard Cowman died seized of certain real estate, a part of
which he directed to be sold for the payment of his debts; and appointed his
executors Ann Cowman, Thomas Tongue, and Joseph Cowman, with power
to sell, &c.; that Ann Cowman is dead; and that a sale is necessary to pay
the debts of the deceased. Whereupon it was prayed that a trustee be ap-
pointed to make sale, &c.

HANSON, C., 10th July, 1794.—On the said petition, and the last will and
testament of Richard Cowman, therewith exhibited, it is decreed, that the