20 TESSIER v. WYSE.—3 BLAND.

George Riston. The bill states, that William Wyse was indebted
to the plaintiffs S. Smith & Buchanan, in the sum of $2,737.48,
for sundry matters properly chargeable in account; that William
Wyse, made his will in the following words:

"Baltimore, 12th March, 1814, having at this perilous moment
of my life committed myself to the care of Almighty God, whom I
trust will receive my soul, I have only to request my affectionate
wile and son John, in case of a deficiency of my estate to support
and educate my children, that my real estate, and now known by
the name of the Deer Park, be disposed of for the maintenance of
said children, under the direction and management of my wife
Rachel, and John Wyse."

The bill further states, that William Wyse afterwards, on the
first of April, 1814, died so indebted, seized and possessed of a large
real and personal estate, leaving a widow Rachel Wyse, and these
defendants John M., William A., Eliza,Margaretta, Edward,
30 * Nicholas H., Matilda and Francis O. Wyse, his children
and heirs-at-law; that this his will was proved according to law on
the 12th of April, 1814, and administration with the said will an-
nexed was thereupon granted to his widow Rachel Wyse, who took
possession of his personal estate accordingly; and, by her first
account, passed on the 29th of June, 1816, shewed a balance of
assets then in her hands of $5,712,34, and that the testator's
widow and son John M. Wyse, filed a petition in this Court, ad-
mitting the claim of the plaintiffs S. Smith & Buchanan, and pray-
ing for the sale of the real estate as mentioned in the will. Upon
which, on the first of October, 1816, it was decreed accordingly,
that the lands be sold; bat that the decree still remained unexe-
cuted. The bill further states, that the plaintiffs S. Smith &
Buchanan, being indebted unto the plaintiff Tessier, in the sum
of $4,500, on the 22d of January, 1820, assigned to him, in part
satisfaction thereof, their claim upon the estate of William Wyse,
deceased, which then remained wholy unpaid; and which claim,
although passed by the Orphans' Court, the administratrix being
then unable to pay, she, on the same day, gave her bond, with the
defendant John M. Wyse as her surety, to the plaintiff Tessier, for
the payment, of $4,325, with interest thereon, in one year from that
time, that being the amount of both principal and interest of said
claim then due; for which bond the plaintiff gave a receipt; but
the said bond was accepted by the plaintiff Tessier, as an indul-
gence and benefit to the representatives of the testator, it being
expressly understood and agreed by the parties, that the said obli-
gation should not, in any way, invalidate or destroy the plaintiff
Tessier's claim against the estate of the testator; that the bond
not being paid when it became due, the plaintiff Tessier brought
suits upon it; and at March Term, 1822, of Baltimore County Court
the administratrix Rachel Wyse, and this defendant John M.