486 WATKINS v. WOETHINGTON.—2 ELAND.

be enabled at once, to collect and bring into this State, all their
movable effects, and to dispose of their immovables in such man-
ner as the law of the place may allow.

Decreed, that the petitioner, James Corrie, of the City of Bal-
timore, be, and he is hereby appointed guardian to each one, and
to all of his said infant children, that is to say, Francis Corrie,
James Corrie, Margaret Corrie, Samuel Corrie, Theresa Corrie,
William Corrie, Daniel Corrie, and Alexander Corrie: with full
power and authority as such, to ask, demand, sue for, collect and
take possession of all debts, legacies, devises, rights, effects, and
property of the said infants, lying or being any where beyond the
*jurisdictiou of this State; and to give receipts and releases
509 for the same; and to make sale or dispose of the same in
any manner he may deem most advantageous for the said infants,
so that the same, or the proceeds thereof, may be transferred to,
and brought within the jurisdiction of this State, where the same
may be taken care of, accounted for and distributed, according to
law, among the said infants, or those to whom the same may re-
spectively belong. And that the said James Corrie, before he acts
as guardian, shall file with the register, a guardian's bond, in the
form prescribed by law, in the penalty of ten thousand dollars,
with surety to he approved by the Chancellor.

WATKINS v. WORTHINGTON.

CREDITORS' SUIT.—JOINT LIABILITY OF THE DECEASED DEBTOR.— PRINCIPAL
AND SURETY.—MARSHALLING OF ASSETS.—PROOF OF INSOLVENCY.—AS-
SIGNEE OF CHOSES IN ACTION.—PARTIES,—CHANCERY PRACTICE.

In a creditor's suit, creditors who come In after answer, and before a decree,
cannot have their claims so put in issue as to be adjudicated upon by the
decree; yet such creditors may well be heard as to the selection of a
trustee to make the sale, (a)

In the appointment of a trustee the recommendation of those creditors who
shew the greatest amount of debts will be allowed to have the most
weight.

personal estate there, and a widow, the sister of the petitioner, with four in-
fant children, Ann Irwin, Mary Irwin, Henry Irwin, and Ellen Irwin; that
a certain Thomas T. Cromwell, was there appointed administrator of the de-
ceased's personal estate, and a certain Benjamin Cornelius, guardian to hi&
infant children; and that afterwards, the widow, with these, her four infant
children, removed into, and became residents of this State, where she died.
"Whereupon it was prayed, that the petitioners might be appointed their
guardian. Upon which petition, by an order passed on the 39th of June,
1830, the Chancellor appointed them guardians of those infants, as prayed.
It is understood that the propriety and validity of this appointment, has been
repeatedly recognized in the State of Pennsylvania.

(a) As to creditor's suits generally, see Hammond v. Hammond, ante, 306.