384 DEAKINS' CASE.—2 BLAND.

just debts due from me. be paid off and discharged as soon as can
be. And to enable my executor hereinafter named, to fulfil this
ray will, I do hereby authorize and empower him to sell all or any
part of my * estate hereinbefore devised to him, for cash or
400 upon credit as he shall think proper, without being in any
manner responsible for any insolvencies or losses which may happen
upon such his sales. Item, at the expiration of seven years after
my death, that the property so devised as hereinbefore mentioned
to my brother Francis, be divided among my brothers as follows:
after all my debts are paid: first, on account of the great trouble
which he will have in the execution of this my will; I give to my
brother Francis Deakins, and his heirs forever, one-half of the
said estate; the residue I devise to my brothers Leonard Marbury
Deakins and Paul Hoye, and their heirs forever, equally to be
divided between them as tenants in common, and not as joint ten-
ants. And lastly, I hereby constitute and appoint my said brother
Francis Deakins, whole and sole executor of this my last will and
testament, hereby revoking all others. Given under my hand and
seal this 2nd March, 1798."

This will was proved before the Orphans' Court of Montgomery
County, on the 12th of March, 1798.

KILTY, C., 26th September, 1817.—This petition with the ex-
hibits, has been before me for some time. I was under the impres-
sion, that a sale had heretofore been decreed or made under some
authority, but I do not find that it has been the case. A great
many years have elapsed since the death of W. Deakins. The
complainant might have proceeded under another part of the Act
of 1785; nevertheless he may have a right to proceed under the
fourth section; but an affidavit will be required, that no part has
been received from W. Deakins, or F. Deakins, or J. Hoye, the
present administrator, who may have assets, for which purpose
exhibit C may be withdrawn. And if the decree is passed, it will
be for the sale of only a part of the real estate.

On the 15th of October, 1817, the petitioner Thomas filed his
affiavit, in which he averred that he had not received any part of
the money mentioned in the judgment he had recovered against
Hoye, the administrator de bonis non, from John Hoye, W. Deakins,
F. Deakins, or any person, and that the money was then due and
owing to him.

KILTY, C., 10th October, 1817. No other creditors having ap-
plied, it is unnecessary to sell the whole of the real estate; and it
is to be understood, that no more is to be sold than will pay the
complainant's debt with interest and costs, and the costs of this
suit, and commissions and expenses as near as it can be effected.