ADDISON v. BOWIE.— 2 BLAND. 581

the usual notice to all the parties, be had attended at his office,
*and taken the depositions of witnesses, and among others,
the depositions of the defendants William D. Bowie and 612
John Contee, who, by an order passed, on the 14th of January,
1830, were allowed to be examined, subject to all just exceptions.

The auditor further says, that he had examined the proceedings,
and supposes that the real estate which was devised by Baruck
Duckett to William Bowie, of Walter, and which he devised to
his children, Walter and Kitty, is to be treated as parcel of "all
the property " devised by the testator William, to be kept together
and worked by the family slaves, until Walter's arrival at age, for
the support of the family. He also supposes, that the negroes de-
vised by the testator Baruck to the younger children of the testa-
tor William, to vest on their arrival at age; and which are now
retained by the executors of the testator William, as the shares of
the infants Walter and Kitty, are to be treated as part of the
estate of the testator William, until their arrival at age; and their
profits until that period are to be accounted for as parcel of said
estate. Assuming these positions, the auditor has stated an ac-
count between the executors of William, and his estate, in which
they are charged with the balance of the personal estate in their
hands, at the date of their last administration account, and with
the appraised values of the aforesaid land and negroes to the first
day of January last; and are allowed ten per cent, commission on
the amount of the inventory of the personal estate returned by
them; and the additional property and profits accounted for by
them, and five per cent, commission on the amount, of debts col-
lected; from which account, their appears in the hands of the ex-
ecutors, a balance of $12,223.48; consisting in the whole, or for the
greater part, of specifics. The executor. William D. Bowie, in his
deposition, estimates the amount of the outstanding debts at
$9,000. But no claim, except that of the plaintiff's, which is
stated and returned herewith, has been exhibited: nor have the
creditors been notified to produce their claims. The auditor is
therefore unable to make any appropriation of the balance in the
hands of the executors.

The auditor further reports, that by the last will of the testator
William, "all the property" is devised to be kept together and
worked, until his son Waiter's arrival at age, for the support of
the family; and the net profits, after payment of the testator's
debts, are to be divided amongst his children, Eliza, Walter, Kitty
and Richard. And after several specific legacies, "all the resi-
due" * of his "personal estate" is bequeathed to his wife,
and the before named children. The auditor supposes that 613
the testator's debts are charged in the first instance upon the
profits of the estate; and that as between: the legatees, the per-
sonal estate is liable only in the event of a deficiency of profits to