22 TESSIER v. WYSE.— 3 BLAND.

the maintenance and education of the children of the deceased.
And finally, this defendant submits, that by the negligence and
misconduct of the plaintiff Tessier, he has lost all right to demand
any portion of either the real or personal estate of the testator;
and that his only remedy is against the person of the defendant
John M. Wyse or his estate, if he has any, &c.

* The defendants Eliza Wyse and Margaretta Wyse, on
32 the 30th of September, 1825, put in their answer, in which
they admit, that their father made his will and died seised and
possessed of real and personal estate, leaving the children as men-
tioned, and a widow to whom administration was granted, and
who took possession of the personal estate accordingly. They
state, that a part of the real estate was sold under the decree men-
tioned in the bill, and the proceeds of the sale applied to the main-
tenance of the children of the deceased. But they expressly deny
that the defendant Tessier ever had any claim against the testator,
either assignee or otherwise; and they say they do not know the
amount of the claim of S. Smith & Buchanan.

On the same day the infant defendants Edward, Nicholas H.,
Matilda, and Francis O. Wyse, put in their answer by their guar-
dian, ad litem, in which they admitted the will and death of the
testator us stated; and hoped that the Court would protect their
rights.

The defendant Allender, by his answer, filed on the 14th of
December, 1825, admits the will, the death of the testator, the
administration to Rachel Wyse. her possession of the personalty,
the making of the mortgage to the defendant Riston, the death
of Rachel, and the granting of administration de bonis non to
himself, and the inventory returned by him as stated in the bill.
He also admits, that the testator was indebted to S. Smith &
Buchanan, but does not know the amount; nor does he know any
thing of the assignment of their claim to the plaintiff Tessier,
and he denies that he has any evidence of that claim in his pos-
session.

On the 13th of April, 1826, the defendant John M. Wyse filed
his answer, in which he admits, that the testator was indebted to
S. Smith & Buchanan; that he made his will, and that after his
death, administration was granted to his widow Rachel Wyse, who
is since dead; and that the testator left the children and died
seised and possessed of real and personal estate, as set forth in
the bill; that a decree was obtained for the sale of the real estate
of the deceased, as directed by his will; and about sixty acres of
it was sold, and the proceeds thereof appropriated to the benefit
his children; and that a mortgage was made, as stated, to the de
fendant Riston. This defendant further states, that it was agreed
between the plaintiffs Rachel Wyse and this defendant, that in
consideration of the plaintiff Tessier's delivering to S. Smith &