640 WARING v. WARING.—2 BLAND.

tended. Jfeither the Legislature nor the Court can take property
from one citizen and give it to another; and therefore, no part of
this real estate can be sold, and taken from these heirs and applied
to the benefit of anyone, other than these heirs, to the extent of
their interest in the personalty, and as the means of saving it.
Because the application of the proceeds of the sale of the realty,
which belongs to them, to save any personal property from the
claims of creditors, which would not, when so .saved, belong to them,
would be, in effect, to take their property to save the property -of
others; which cannot be done in any way, or under any form of
proceeding whatever. In this instance, the intestate having left
children, the widow would be entitled to only one-third of his per-
sonal estate left after the payment of all his debts; and conse-
quently, in so far as the real estate which has descended to these
heirs, may be applied to pay those debts, in order to save the per-
sonalty, these heirs do, in fact, thereby become the purchasers of
it, as against all but creditors; and the widow can have no claim to
any part of it; since the awarding to her any portion of the person-
alty so saved, would be, in effect, to take the property of the heirs
and to give it to her; which cannot be done. She is, however, justly
entitled to dower out of the real estate sold; or to an equivalent
allowance from the proceeds of the sale; recollecting always, that
by coming in, and making claim to an equivalent allowance out of
the proceeds of sale, she thereby, tacitly admits the truth of the
allegations of the bill; and therefore, must, on that ground also,
be precluded from any portion of the personalty thus saved by the
proceeds of the sale of the realty.

But the Legislature is, by a positive constitutional provision,
restrained from passing any law impairing the obligation of con-
tracts; and it is believed, that no Court of justice has hitherto
ventured to impair the obligation of a contract, or to throw any
impediment in the way of a creditor who asked to have his claim
enforced against his debtor. This Act of Assembly must there-
fore, be so construed, and the authority which has been conferred
by it, upon this Court, in cases of this kind, must be so applied,
as to leave to the creditors of this deceased debtor, no cause to
complain. *They must be notified, as far as practicable, of
677 this proceeding, and allowed to bring in their claims; and,
upon establishing them, to obtain satisfaction. For, as the avowed
object of this suit is to save the personalty from their grasp, by
paying them, it must be considered as in effect, a creditor's suit,
instituted for their satisfaction; so, that the interests of these
parties may be thereby promoted; and therefore, no marshalling
of the assets, thus liable to the claims of creditors, can be made
in any manner whetever, to their prejudice, however advantageous
it may be to these parties.