330 HAMMOND v. HAMMOND.—2 BLAND.

* granted to infants, of allowing the parol to demur nn-
344 til they attained their full age, has been totally abol-
ished as regards creditors' suits in equity; Boucher v. Bradford,
ante, 222; since the Chancellor has been thereby directed, on the
indebtedness of the deceased ancestor or devisor being estab-
lished, and the insufficiency of his personalty being made to appear,
to cause his real estate to be sold and conveyed by a trustee to

claim, supposing even that there were enough to pay all the creditors of
Edward, the father of Solomon, the eon.

The trustee now comes, and applies to the Chancellor, anxious to discharge
himself of the money, and to complete his trust; and under all circumstances
the Chancellor thinks proper to have the business closed with as little fur-
ther delay as consistently may be.

It is Ordered, that the auditor state an account dividing in due proportion
to the amount of their claims, amongst Edward Harris and his sister Mary
Airey. and Messrs. Hemsley and Tilghman the money arising from the sale,
after deducting the coats of suit, and the trustee's commission of £112 10s.
in which is included near £30, for surveying, advertising, &c. and the ex-
pense of several necessary journeys or voyages; and deducting too £45 paid
to Ringgold in part of his claim. Dr. Harris and sister to be allowed for
one-third of their claim. Hemsley and Tilghman, lor their whole claim.
Hindman to be allowed only for his claim as representative of James Ander-
son.

N. B.—Inasmuch as it was plainly the fault of the said claimants in not
shewing their title to preference, that ,£45, which was less than one-half of
his claim, was paid to Ringgold, the Chancellor conceives it just, that the
loss of the said sum should be proportionably borne amongst them. Had it
not been for the preferences, it is certain, that each claimant would have
drawn one-half of his claim; and as dividends would have been struck
before the payment to Ringgold, had not vouchers been wanting in some
cases, and the precise amount of some claims uncertain. The Chancellor
thought it improper to let the money lie useless; as would have been the
case, if the claim of Harris and Airey had not been exhibited soon after the
preference claimed. It was indeed fortunate that a proportionable sum was
not paid to each proper creditor of Solomon Claytou. "Whether or not, the
money can be recovered from Ringgold, the Chancellor will not give his
opinion.

In obedience to this order, the auditor made and reported a statement dis-
tributing the proceeds accordingly; upon which the case was again brought
before the Court.

HANSON. C. 14th March, 1805.—Ordered, that the money arising from the
sale; great part whereof hath been long in the trustee's hands ready to be
paid, be, and it is hereby directed to be applied according to the above state-
ment; and that the receipts in writing of any person entitled to receive the
said money, be admitted 'here in the place of so much money: and that,
under the circumstances of the case, the trustee Peter Edmondson, be not
answerable for any interest which he had not received from a purchaser.
Provided nevertheless, that he without reasonable delay either deposit the
said principal money in Court, or receipts ia writing as aforesaid for money
already paid, or to be paid agreeably to the foregoing statement.