340 HAMMOND v. HAMMOND.—2 BLAND.

obtain satisfaction by a sale of his real estate, is the insufficiency
of his personal estate to pay his debts. If that fact be denied, an

said trustee do, and shall, as soon as the several parcels of land aforesaid, or
so much thereof as may be necessary for the purposes aforesaid, are sold, for
the confirmation of such sales, before any conveyance thereof, make and
lodge in this Court under his hand, and with his affidavit of the truth thereof
thereto annexed, a just and accurate certificate or memorandum of the said
sales, to whom made, and when, and at what price, and upon what terms
the same were disposed of; and also, as soon as may be, after his receipt of
the purchase money thereof, render to this Court a full, just, aad true ac-
count, with his affidavit annexed, of his disbursements thereof, to whom
made, and at what time or times. And it is further Decreed, that the said
trustee do, .and shall, before any sale or disposition is made of the premises
aforesaid, or any part thereof, in pursuance of this decree, execute and file
in this Court his bond to the State, &c. faithfully to fulfil aad perform the
trust in him reposed by the decree. &c.—Chancery Proceedings No. 2. fol.
606.

MILDRED v. NEILL.—This was a creditor's petition, filed on the 35th of
April, 1787, by Daniel Mildred and sundry others, against Isabella Neill,
widow. Elizabeth Neill, Mary Neill. Alexander Neill, Callender Neill, and
Isabella Neill, the younger infants, Hercules Courtney, Thomas Neill, and
Joseph Donaldson. The petition states, that the plaintiffs were the creditors
of William Neill, deceased, who departed this life some time in the year
1785, indebted to the plaintiffs, and sundry others, in divers large sums of
money; that he devised his estate to his widow and five children, the de-
fendants, some of whom are in a state of minority, and incapable of dis-
posing of the real estate devised to them by their father for the payment of
the plaintiffs' claims; that the testator appointed the defendants, Isabella
Neill, the widow, Hercules Courtney. Thomas Neill. and Joseph Donaldson,
his executors, who took upon themselves the trust; that the personal estate
has been fully administered, and that there were not personal assets to
satisfy the plaintiffs' claims. Whereupon it was prayed, that the executors
might account for the personalty; aad that the devisees might disclose of
what the real estate of the deceased consisted; and also be compelled to sell
the real estate for the payment of the claims of the plaintiffs and others, ac-
cording to law.

Isabella, the widow, by her answer admitted the indebtedness of the de-
ceased and his will: but alleged, that she had sued out a writ of dower, and
had obtained judgment thereon to recover her dower. The other adult de-
fendants and the infant defendants by their guardian ad litem, admitted the
debts of the plaintiffs; and specified the real estate of which the testator
died seized. The will of the testator, and the accounts of the executors
settled with the Orphans' Court, were exhibited as parcels of the pleadings.

ROGERS, C., 26th February, 1788.—This case standing ready for decision,
and the bill, answers and other proceedings appearing as before set forth, it
is thereupon Decreed, with the assent of the said Hercules Courtney, as
guardian of the said Elizabeth Neill, Mary Neill, Alexander Neill, Callender
Neill, and Isabella Neill, that he the said Hercules Courtney, who is hereby
appointed trustee for that purpose, do and shall, after the application of the
personal estate of the said William Neill to the payment of his debts, set up
and expose to sale, at public vendee, the several tracts and parcels of land