CRAPSTER v. GRIFFITH,—2 BLAND. 7

Decreed, on the application of the complainants, that the ac-
count reported by the auditor, and filed, as above mentioned-, on
the 2d day of July, 1812, be ratified and confirmed; and, that the
defendant Lyde Griffith, do forthwith pay to the complainants,
or bring into this Court to be paid to them, the sum of £363 2s. 1d.
current money, with interest thereon from the 2d day of July,
1812, till paid or brought in; and the costs of this suit amounting
as taxed by the register to ———.

* After which it was by a writing filed, agreed between
the parties, that this decree be annulled and set aside; that 9
the accounts and papers be returned to the- auditor; and that
further accounts be stated according to the directions which should
be given to him by either party.

On the 19th of December, 1813, the auditor filed a report in
which he says; that instructions having been filed, on the part of
the complainants; and the service of notice, when he should pro-
ceed to state the account having been admitted by the defendant;
he did proceed accordingly, and having carefully and minutely
examined the proceedings, the testimony and the instructions, he
has first stated account No. 1, in which the defendant is charged
with the rents and profits of the real estate, without interest, up to
the 9th of January, 1811, and credited by his wife's one-third
thereof to the 9th of January, 1808, the day of her death. This
account shews the sum of $201.26, to have been John H. Dorsey's
share of the said rents and profits to the day of his death; and the
sum of $1,322.63, to have been the complainant's wife's share of
the same rents and profits, to the day on, or about which the pos-
session of the real estate is said to have been delivered to the
complainants.

The auditor has then stated account No. 2, in which the de-
fendant is first charged with the whole balance of the personal
estate remaining, after payment of debts, with interest thereon
from the 25th of April, 1798, to the 19th of December, 1813, and
credited by the amount of the appraised valuation of the slaves;
by his wife's one-third of the balance, to the day of John H.
Dorsey's death, and her one-half thereof from that time to the
19th of December, aforesaid. This part of the account shews the
sum of $194.32, to be John H. Dorsey's proportion of the net per-
sonal estate, other than slaves; and of the interest of the whole
net personal estate to the day of his death; it also shews the sum
of $738.16, to be the complainant's wife's share thereof to the said
19th of December, 1813. In the second part of this account the
defendant is charged with John H. Dorsey's said proportion of the
profits of the real estate; and with his said proportion also of the
net personal estate, other than the slaves, and of the interest of
tie whole net personal estate, to the day of his death; and he is