344 HAMMOND v. HAMMOND.—2 BLAND.
cm thus taking an account of the personal estate it should be
clearly shewn to be abundantly sufficient to satisfy all the eredi-
tereat, at two equal annual payments, reckoning from the time of sale.
And the said trustee shall, if the purchaser or purchasers will thereto agree,
divide the purchase money to be paid by the purchaser or purchasers into
four or more parts, and take a separate bond for each part, in order that the
same may be assigned among the creditors, in case they shall so elect, and it
shall hereafter appear to this Court proper to be so done. And when the
said real estate shall have been sold, and the confirmation, by the Chancellor,
of the sale shall have been obtained, and the purchase money paid to the
said trustee, he shall, as trustee aforesaid, effectually convey and secure the
said real estate, and the whole right, title and interest in the same, of the
said John Burris and James Burris, which hath descended to them as afore-
said, to the purchaser or purchasers thereof, in fee simple. And the said
trustee shall, as soon as conveniently may be after the sale aforesaid, make
and lodge in this Court, under his hand, with an affidavit of the truth thereof
annexed, a just and accurate account of the sale, specifying the purchaser or
purchasers, the time of sale, and the price or prices at which the said real
estate has been sold, and the bonds taken for the purchase money, and spe-
cifying the expense of the whole proceeding; and that he shall bring into
this Court the bonds by him taken on the sale, and the money arising from
such sale, to be applied in satisfying the just claims against the said Edward
Burris' estate, after deducting all the legal costs of this suit, and a commis-
sion hereafter to be allowed. Provided that before any disposition shall be
made of the said real estate in pursuance of this decree, by the said trustee,
further than giving the notices aforesaid first directed, he shall execute and
lodge in this Court his bond, with an approved surety or sureties, to the
State, in the sum of £300, current money, well and truly to fulfil and per-
form the trust in him reposed by this decree, or to be reposed by any future
decree in the premises, and iu all things honestly and truly to observe and
execute the same according to the directions and true meaning thereof.
In pursuance of this decree, the trustee executed and filed his bond, which
was endorsed thus: "Wm. Pinkney is well acquainted with the circum-
stances of Mr. Thomas, and begs leave to inform the Chancellor, that the
within bond is ample security for the performance of his trust;" upon
which, it was "approved, A. C. HANSON, Ch. 8 Octo. 1792." After which,
on the 17th of October, 1792, the trustee reported that he had, on the 7th of
September previous, sold the said estate. Upon which, an order of ratifica-
tion nisi was passed on the 21st of October, 1793, which, as it would seem,
was never published as directed.
HANSON, C., 27th December, 1803.—Ordered, that the sale made by Richard
S. Thomas, trustee for the sale of the real estate of Edward Burris, be abso-
lutely ratified and confirmed, no cause being shewn, &c. although many
years have elapsed. The trustee is allowed a commission of £12 10s. Od. for
his whole trouble and expense.—MS.
LANDSDALE v. CLARKE.—This bill was filed on the 9th of June, 1796, by a
mortgagee against the heirs of the mortgagor for a foreclosure or sale, one
of the heirs being of full age, and two others being infants.
HANSON, C., 29th November, 1797.—The papers in this cause being sub-
mitted on the idea that it was ready for a decree on the bill and answers,
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