308 HAMMOND v. HAMMOND—2 BLAND.

In England, where a debt is secured by specialty, by which the
debtor binds himself and his heirs for the payment of the debt,

petitioners, Thomas Tongue and Joseph Cowman, be, and they are hereby
appointed trustees for selling the lands of the said Richard Cowman, which,
by the said last will and testament, the executors are authorized to sell; and
that they, or the survivor of them, in case of the death of either, have full
authority to sell such part of the said lands as they shall think necessary;
and that the manner and course, &c. (in the usual form, concluding thus)
And the said trustees or trustee, at the time of giving notice of the sale,
shall give the like notice to the creditors of the said Richard Cowman, to ex-
hibit their claims, with the vouchers thereof, to the Chancellor, within three
months from the time fixed by the said trustees or trustee for the first sale.

After which, a sale was made, reported, and ratified accordingly.

Ex parte BERRY,—On the fourteenth of May. 1796, Jeremiah Berry filed
his petition to have a trustee appointed to sell the real estate of the late
Benjamin Berry, according to the provisions of his will. A decree was
passed accordingly, on the same day, appointing Ed ward Nicholls trustee for
that purpose; who, after having sold a part of the estate, left this State,
went to England, and had not returned. Whereupon, the purchaser, John
S. Brooke, by his petition, prayed that another trustee might be appointed to
convey the land to him, &c.

HANSON, C., 14th May, 1803.—The Chancellor has considered the petition
of John Smith Brooke, this day filed: and it appears to him, that, if the facts
therein stated, be true, justice requires that the prayer of the petition ought
to be granted, by appointing a trustee in the room of the trustee who hath
gone out of the jurisdiction of this Court. Relief, indeed, might perhaps be
Obtained on Brooke's riling a bill against the heirs of Benjamin Berry,
stating everything which hath taken place under and since the decree; but
it appears to the Chancellor notwithstanding, that the appointment of
another trustee not being injurious to any party whatever, unless to the
absent trustee, who ought, long since, to have completed his trust ought to
be made; the Chancellor being authorized to appoint a trustee or trustees.

It is decreed, that Alexander C. Magruder be, and he is hereby appointed
trustee, with full power to do any act which, by the decree in this cause, the
said Edward Nicholls is authorized to perform, and which he hath not per-
formed; and particularly, that the said Magruder, on the said Brooke's pay-
ing to him the purchase money, with interest, of the land of Benjamin
Berry, to the said Brooke, by the said Nicholls sold, or producing to him to
be here filed, receipts in writing for the said purchase money, with interest,
from the parties entitled, by the order of this Court, to receive the said
money when here brought in, shall, by a good deed, acknowledged, and to
be recorded according to law, convey the said land to the said Brooke, as by
the original decree, Nicholls is directed to convey. Provided, that, before
the said Magruder shall act as trustee, he shall file a bond to the State of
Maryland, executed by himself, and at least one surety, approved by the
Chancellor, in the penalty of eighteen hundred dollars, conditioned for the
faithful performance of the trust reposed, or hereafter to be reposed in him
by the Chancellor; and provided, too, that if the said Nicholls hath not de-
parted out of the jurisdiction of this Court, everything herein contained
shall be null and void. In case the said Magruder be authorized to com-