502 WATKINS v. WORTHINGTON.—2 BLAND.

the law of Maryland, and it is expressly declared by our Act of
Assembly, with an evident reference to a creditor's suit, that the
real assets shall be administered by the heir, of full age, in the
same order as the personal assets are directed to be applied in pay-
ment of debts by an executor; and that all Courts of law and
equity shall observe, the same rules. 1785, ch. 80, s. 7.

It was the course of this Court for some time after the establish-
ment of the Republic, in a creditor's suit, merely to decree in gene-
ral terms, that in so far as the deceased debtor's personal estate
should be insufficient to pay his debts, his real estate should be
sold for that purpose; to appoint a trustee to make the sale, after
he had given bond for the faithful discharge of his trust; and to
direct him to pay the debts due to the originally suing creditors,
whose, claims were established by the decree; but, as to all other
claims, and every other matter, leaving to him the same extent of
discretionary authority in the administration of the proceeds of
the sale of the real assets as that allowed to an administrator of
the personalty; or in other words, giving him the power to dispose
of and distribute the proceeds of the sale of the real estate in due
* course of law; without requiring them to be brought into
526 Court; and without calling on the creditors to tile the vouch-
ers of their claims in the Chancery office in order to have them
passed upon and sanctioned by the Court. Bond v. Bond, ante,
358; Mildred v. Neill, ante, 354. (f) This course of proceeding was

(f) DORSEY v. COOKE.—This bill, filed on the 24th of November, 1786, very
briefly states, that Ambrose Cooke died, indebted to the plaintiff, who brought
suit and recovered judgment against his executrix for his debt, when assets
should come to hand; that the executrix had paid away the whole of the
personal estate of the deceased, who left some real estate; and that the de-
fendant was his heir, and a minor. Upon which it was prayed, that the land
might be sold for the payment of the debts of the deceased. The defendant
answering by his guardian ad litem, admitted the truth of the allegations of
the bill

HANSON, C., 16th October, 1789.—Decreed, that the land be sold for the
payment of the just debts of the said Ambrose Cooke, deceased, in due
course of administration; that William H. Dorsey be the trustee, &c., to
sell the said real estate, or such part thereof, as may be necessary, for the
purpose aforesaid; and the manner of his proceeding shall be as follows: he
shall first give three months notice in the Baltimore and Georgetown news-
papers, and by advertisements set up at the most public places in the county,
to the creditors of the said Ambrose Cooke, to bring in to the said trustee
their respective claims legally proved. And he shall give six weeks notice
in like manner, of the time, place and terms of sale, &c. that the said
trustee shall lodge in this Court under his band, with his affidavit of the
truth thereof annexed, a just and accurate account of the sales, specifying
to whom made, with the time and price; and specifying also, his disburse-
ments, payments and applications of the money, and the said trustee shall
apply of the produce of the sale, such part as may be necessary to the dis-