TESSIER v. WYSE.—3 BLAND. 23

Buchanan their note held by him, they would assign to him their
* claim upon the testator, for which his then administratrix
Rachel Wyse and this defendant were to give their bond for 33
the amount thereof, including principal and interest up to that
time; which note was accordingly delivered, assignment made, and
bond given by them and received by the plaintiff Tessier, in full
satisfaction of his claim against the estate of the testator; and that
the plaintiff Tessier never received the assignment of the account
and claim of S. Smith & Buchanan, with a view of demanding
payment of the estate of the testator; and that the said account
and claim, with a receipt thereon, was in the possession of this de-
fendant, but has been mislaid by him and cannot now be found.
This defendant admits, that suits were brought and judgments
obtained on the bond, as stated.

The defendant William A. Wyse filed his answer on the 26th of
April, 1826, in which he admits, that the late William Wyse made
his will; that after his death, administration was granted, &c., as
stated in the bill. This defendant also admits, that the testator
was indebted to S. Smith & Buchanan; but puts the plaintiff to
the proof of the account: He, however, expressly denies, that the
claim of S. Smith & Buchanan, was by them assigned to the plain-
tiff Tessier, or that he now has, or ever had any such claim as the
real estate which descended to this defendant from the testator,
can legally or equitably be chargeable with; nor have S. Smith &
Buchanan now any claim, legal or equitable, against the said real
estate. This defendant admits, that a part of the real estate of
the deceased was sold under a decree of this Court, and the pro-
ceeds thereof applied to the maintenance and education of his
children.

To these answers the plaintiffs put in a general replication;
upon which commissions were issued, under which proofs were
taken and returned. From the testimony it appears that Wil-
liam Wyse made his will, and died seised of real estate, con-
sisting of houses, and a wharf in the City of Baltimore, and of
a farm in Baltimore County; and possessed of a considerable
amount of personal property, leaving a widow and children, as
stated and named in the bill; that administration with his will
annexed was granted to his widow Rachel Wyse, who on the 23rd
of July, 1814, returned an inventory of his personal estate, con-
sisting of negro slaves, cattle, farming utensils, household furni-
ture, merchandise, and other articles, amounting to $6,735.25; and
by her first account, passed on the 29th of June, 1816, she admitted,
she had * assets then in her hands to the amount of $5,712.34.
The claim of S. Smith & Buchanan, and the assignment of 34
it to Tessier; the giving of the bond by Rachel Wyse and John
M. Wyse to Tessier, not as a payment, but merely as a collateral
security, as stated in the bill, were fully established by several