390 DEAKINS' CASE.—2 BLAND.

Upon the state of facts, I feel perfectly satisfied, that the com-
plainant cannot have the relief he asks, even supposing the agree-
ment to have been not at all affected by tiie proceedings at law;
and to be such a one as a Court of equity would specifically en-
force; because the plaintiff Hoye has, in fact, altogether failed
to perform his part of it, according to its clear and positive pro-
visions. But, if he had complied with it, he has not placed him-
self here in a condition to obtain the relief he seeks. He has
not brought all the proper parties before the Court. The execu-
tors of Edward Thomas might assign the judgment; but his heirs
are the persons, who alone are to be benefited or affected by any
conveyance of the specified lands, that had been made, or which
might now be ordered by the Court.

Whereupon it is decreed, that the said bill of complaint of John
Hoye, be and the same is hereby dismissed with costs to be taxed
by the register. And it is further decreed, that the order of the
2d of July. 1821, together with so much of the order of the 24th of
November, 1824, as prohibits the trustee from making sale of so
much of the real estate of the late William Deakins, as was
407 * authorized and directed to be sold by his last will and tes-
tament, be and the same is hereby rescinded and annulled.

It was represented, by a petition of King and Hebb, the execu-
tors of Thomas; filed on the 14th of December, 1827, that the trus-
tee Kilgour had died; upon which they prayed, that Daniel Duvall
might be appointed in his place; which was ordered accordingly.
And Duvall having declined to act, William F. Hebb was, by an
order of the 8th of April. 1828, appointed trustee to succeed the
late John A. T. Kilgour.

On a petition filed, on oath, by Hoye, the administrator be bonis
non of Deakins, praying that the trustee Hebb be ordered to re-
port, &c.

BLAND, C., 3d February, 1829.—Ordered, that the trustee Hebb
make a report of his proceedings, as prayed, or shew good cause
to the contrary. Provided, that a copy of this order, together
with a copy of the foregoing petition, be served on him on or
before the third day of March next.

On the 26th of February, 1829, the trustee Hebb reported, on
oath, that he had made sale of certain portions of the real estate
of the late William Deakins, to the amount of $250; which sale
was finally ratified on the 31st of August, 1829.

John Hoye, by his petition, stated that the trustee Hebb had
neglected to discharge his duty as diligently as he ought to have
done; and that he, Hoye, was willing to take the bond given for
the purchase money in satisfaction of his claim, the voucher where-