WATKINS v. WORTHINGTON.—2 BLAND. 489

BLAND, C., 10th March, 1827.—Ordered, that the said petitioners
be and they are hereby permitted to become parties complainants
as prayed.

* After which John Ridgely filed a similar petition stating, that
he also was a creditor of the deceased to the amount of 8406; and
prayed to be allowed to come in as a co-plaintiff; which by an
order of the 29th of December, 1827, was granted. The original
plaintiffs recommended G. Wells, Jr. as trustee; and the solicitor
of the petitioners recommended L. Gassaway for that office. Upon
which the case without objection or opposition was submitted for
decision.

* BLAND, C., 5th May, 1828.—As this is a creditor's suit,
in which it is evident, that there must be a sale of the real 511
estate of the deceased for the payment of his debts, it stands now,
according to the course of the Court, ready for a decree to that
effect, without having been regularly set for bearing; and it has
been submitted accordingly, without argument or controversy of
any kind; except as to who shall be appointed trustee to make the
sale. The original plaintiffs recommend G. Wells, Jr. and the
petitioners, who bare been admitted as co-plaintiffs, recommend
L. Gassaway. The petitioners have been permitted to come in
since the defendants had answered; the suit, therefore, as to such
petitioners has been, in effect, so instituted as not to call on the
defendants to answer as to a bill of complaint against them; and
consequently, as the validity of the petitioners'claims have not, as
yet in any way, been put in issue, the decree now about to be
passed for a sale cannot, in any respect determine, that they, like
those of the original plaintiffs, not having been contested, must be
taken to have been sufficiently established. Nevertheless, so far
as regards the appointment of a trustee, the recommendations of
such creditors may be allowed to have their due consideration.
Strike's Case, I Bland, 85. Here, however, the bank merely alleges
that it is a creditor of the deceased to a very large amount, without
saying how much; and the petitioner Eidgely states his claim to
be about $400. Therefore, as the parties have given no reasons for
their recommendations, the Chancellor must allow that of the orig-
inal plaintiffs to have the greatest weight, as they have at this
time shewn the largest specified amount of claims.

Decreed, That the real estate, whereof Beale M. Worthiugtou
died seized, or possessed, or so much thereof as may be necessary,
be sold for the payment of his debts; that George Wells, Jr. be
appointed trustee, to make the sale, &c., &c.; which sale shall be
on a credit of four, eight, and twelve months from the day of sale,
with interest, &c. &c,.; and that the trustee give notice to the