HAMMOND v. HAMMOND.—2 BLAND. 309

such bond creditor may tile a bill in behalf of himself and other
bond creditors against the heir and devisee with the executor or
administrator of the deceased, to obtain satisfaction of their
claims * from the personalty, if sufficient to pay all, or by a 324

plete. and shall complete the said trust, he shall be allowed a commission of
five per cent, on the amount of the sale. And whereas the quantity of the
land sold to Brooke is uncertain, the said Magruder is hereby authorized to
ascertain the same, and whatever reasonable expense is by him incurred, ia
so doing, shall be allowed.

And it is further Ordered, that the sale made by the said trustee Edward
Nicholls, be absolutely ratified, no cause having been shewn, &c. although
notice. &c. And it is Ordered, likewise, that the auditor of this Court state
the application of the money arising from the sale, agreeably to the direc-
tions of the said Berry's last will, deducting first the costs of suit and a
commission of one and a half per cent, to the aforesaid trustee, who, it ap-
pears, hath left the State without completing his trust. Before the auditor
can state as aforesaid, he must ascertain from proof, who are the persons
entitled to said money.

Ex parte ZIMMERMAN. —This petition, filed on the 6th of July, 1802, states
that the late George Beckeabaugh, by his last will, directed that his wife
and children should be supported out of the rents and profits of his real and
personal estate, until his real estate could be sold to advantage, without loss
to his wife and children; that the proceeds of the personal estate are wholly
insufficient for the support of the widow and children; that the land might
be then advantageously sold; but that no person had been appointed to make
the sale. Whereupon it was prayed that a trustee might be appointed to
make the sale, &c.

HANSON. C., 6th July, 1802.—Decreed, in the usual form, that the land be
sold, &c.

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

Ex parte CONWAY.—This petition, filed on the third February, 1803, stated
that the late George Conway, by his last will, directed "that said executrix
shall make over and convey unto whomsoever may become a purchaser of
fifty acres of land, it being part of a tract or parcel of land called and
known by the name of Aldridge, beginning, &c., and apply the money aris-
ing thereby as the rest of my personal estate, heretofore mentioned." And,
after some legacies, he gave all the remainder of his personal estate to be
equally divided amongst his five children, &c, The petition further stated
that the executrix died without having made sale. &c.

HANSON, C., 3d February, 1802.—Decreed, that the land, in the proceed-
ings mentioned, be sold, and that Thomas Cromwell be appointed trustee to
make the sale, &c.

A sale was accordingly made and reported.

HANSON, C., 16th April, 1803.—Ordered, that the sale be absolutely ratified,
notice, &c. &c., and that the auditor make a distribution of the money ac-