WARING v. WARING.—2 BLAND. 63»

necessarily follows, that this Court alone has the power to appoint
* a guardian for these minors, who are between the ages of
eighteen and twenty-one years, in order to enable all parties 675
to obtain the relief they seek, or which may be beneficial to them.
Carrie's Case, ante, 488.

Therefore it is Ordered, that Sarah C. Waring be, and she is
hereby appointed guardian of the said infant defendants Susan
Waring and Grace Waring, with full power and authority to defend
and protect the rights and interests of the said infants; and to
give any consent that may be deemed necessary and proper for
their advantage, in all respects whatever.

Immediately after which, the adult defendants, and the actual
guardian of all the infant defendants, appointed by this or by the
Orphans' Court, put in their answers, and consented that the real
estate should be sold as prayed. Whereupon xhe case was sub-
mitted without argument.

BLAND, C., 27th September, 1830.—The general rule is, that the
personal estate is the natural fund, and must be first applied to the
payment of the debts of the deceased owner, unless he had in
some legal and clear manner expressed an intention, that a differ-
ent disposition should be made of his property. Tait v. Northwick,
4 Fes. 816; Hancox v. Abbey, 11 Fes. 186. But the Legislature has
authorized the Court of Chancery to depart iiom this rule, upon
the application, and with the consent of those to whom the realty
has descended; and to decree a, sale of it, in order to save the
personalty. 1818, ch. 193, s. 8; 1819, ch. 183. It is with a view
to the exercise of this authority, that this bill has been addressed
to this Court. As regards the heirs, the next of kin, and the
widow, who alone are parties to this suit, it may be viewed merely
as a proceeding to have the assets marshalled for their benefit.
But the object of having them so marshalled is, so to shift the
pressure of the burthen of the debts of the deceased, as to save the
personalty for the benefit of these next of kin, who are also the
heirs of the deceased. As no one can institute a suit without
having some interest in it; so, this is a kind of suit which can only
be instituted by one, who as heir, devisee or purchaser, has an in-
terest in the real estate proposed to be sold; and also, an interest
in that personal estate which it is proposed to have so saved; or,
in other words, a party to a suit of this kind, must have an interest
in both the real and the personal estate.

* In this, as well as in all other proceedings which may be
brought before the Court, in relation to the right of property, 676
it will be proper, however, constantly to bear in mind, that there
are certain constitutional limitations, beyond which, the power of
the legislative or judicial department cannot be in any manner ex-