372 HAMMOND v. HAMMOND.—2 BLAND.

than in a Court of equity. Hindman v. Clayton, ante, 337. And,
therefore, a next of kin, legatee, heir, or devisee, having au inte-
rest therein, has a right to redeem any outstanding incumbrance
upon those assets; or, in other words to bring all who have a prior
or equal claim, upon them here as parlies, to have their rights ad-
justed and satisfied, so as to clear the estate, that the surplus
may be distributed among the next of kin, legatees, heirs or de-
visees, of the deceased. Francklyn v. Fern, Barnard. Rep. 30;
Brooks v. Reynpolds, 1 Bro. C. C. 183; Perry v. Phelips, 10 Vex.
39; Greig v. Somerville, 4 Cond. Cha. Rep. 453; Shewn v. Vander-
horst. 4 Cond. Cha. Rep. 458.(y)

(y) ANDERSON v. ANDERSON.—This bill, filed on the 20th of November, 1788.
states that the late Rebecca Andersen, by her will, gave to the plaintiffs cer-
tain legacies, and charged the payment of them upon her real estate, which
she devised to James Anderson; that the testatrix was indebted by bond to
Alexander Christie, and jointly bound with Ann Ogle to pay a composition
of 6s. 8d. in the pound to the creditors of the said James Anderson, the de-
visee; that one of the legatees was dead, to whose legacy the plaintiffs were
entitled as next of kin; that another legatee was dead, who. by his will, had
given his legacy to one of these plaintiffs, and that a third legatee having
married and died without issue, letters of administration had been granted
to one of these plaintiffs; that the testatrix Rebecca Anderson left no per-
sonal estate, and that the devisee James Anderson had died leaving a
daughter, the infant defendant, his sole heir. Whereupon it was prayed
that the real estate so devised, might be sold, in the first place, to satisfy the
debts of the testatrix Rebecca; and in the next place, the legacies given by
her, and also the debts due by James Anderson, deceased, the devisee.

The infant defendant answered by her guardian ad litem. admitting the
allegations of the bill, and alleged that Ann Ogle had paid the composition
to the creditors of James Anderson, and having obtained an assignment of
their claims against the estate of the testatrix, she. Ann Ogle, claimed con-
tribution.

ROGERS, C., 17th April, 1789.—Decreed, that the real estate of Rebecca
Anderson be sold, &c.; that James Hindman, the trustee, shall, on his re-
ceipt of the purchase money, first pay and satisfy to the said Alexander
Christie, the said sum of £300 sterling, and interest of five per centum
thereon from the date of the said bond, in current money, at sixty-six and
two-thirds per cent, exchange. And to the said Aon Ogle one moiety of the
said composition of 6s. 8d. in the pound of the debts of the said James
Anderson, due and owing in London, and now assigned to the said Ann
Ogle, the said moiety amounting to the sum of £2,464 15s. 4 1/2d. sterling,
with interest thereon of five per centum from the 8th day of August, in the
year of our Lord one thousand seven hundred and seventy-four, in current
money, at sixty-sixty and two-thirds per cent, exchange; and out of the
residue of the money arising from such sale, pay the said legacies to the
aforesaid persons respectively entitled to receive the same devised by the
last will and testament of the said Rebecca Anderson to her daughter, and
Harriet Rebecca, and her son William Anderson, with interest on the same
of five per cent, respectively, from the first day of February, in the year
seventeen hundred and seventy-six, in current money, at sixty-six and two-