DEAKINS' CASE.—2 BLAND. 383

An exparte petition to appoint a trustee to sell under a will, may be treated
as a creditor's suit; and the creditors of the testator notified to file the
vouchers of their claims, (a)

On a return cepi to an attachment, the sheriff may be ordered to bring in the
body.

THIS petition was tiled on the 6th of August, 1817, by Edward
Thomas, in which he states, that the late William Deakins had,
by bis last will, devised his real estate to be sold by his executor
* Francis Deakins, for the payment of his debts; that Fran-
cis Deakins had died, leaving- the trust reposed in him un- 399
executed; that letters of administration. de bonis non with the will
annexed, had been granted to John Hoye; and that the petitioner
was a creditor of the testator to a large amount, as appeared by a
short copy of a judgment then exhibited. Whereupon he prayed,
that another trustee might be appointed, according to the pro-
visions of the Act of Assembly, 1785, ch. 72, s. 4, who should be
directed to make sale of the property devised, for the payment of
the debts of the deceased.

The will of the late William Deakins, so far as it concerns this
case, is in these words: "I give and bequeath to my wife Jane,
and her heirs forever, the three lots upon which we now dwell, in
Georgetown, together with all the houses, buildings,improvements
and appurtenances thereupon being, and thereunto belonging; also
that house and lot in Georgetown, whereupon George Black now
lives. My tracts of land at or near the mouth of Senaca Creek, in
the County of Montgomery, the one called Senaca Landing, the
other called Fortune, supposed to contain upwards of one hundred
and fifty acres, be the. same more or less. All which I give to my
said wife and her heirs forever."

" I hereby give and devise the whole of my estate, both real
and personal, not hereinbefore devised, to my brother Francis
Deakins, and his heirs forever; for the uses and purposes of this
my will hereinafter expressed. My will is, that all my just debts
be paid, in the first place, out of the property so devised as afore-
said to my brother Francis; and in the manner of paying those
debts my will is, and I so direct, that all my bank engagements be
first paid and discharged, so as in the first place to exonerate and
indemnify all and every person whatsoever, who may in any manner
be answerable for me, on account of their endorsements upon any
paper, or on account of any engagements they may have entered
into for me with any bank; and secondly, I do direct, that all debts
due from me, wherein others stand bound for me as securities, or
as endorsers, or in any other way, be paid off and discharged, so
as to exonerate and indemnify any and every person whatsoever,
who stands in any manner bound for me; and lastly, that all other

(a) Cited in Williams v. West, 2 Md. 186; Dorsey v. Thompson, 37 Md. 46.