PRICE r. TYSON.—3 BLAND. 391

money due from the freight of a vessel chartered by the plaintiff's
intestate to the intestate of the defendants; that these defendants
pretending ignorance of any suit having been instituted against
their intestate, in his life-time, for the recovery of this debt, have
pleaded in bar thereof, that they had fully administered the estate
of their intestate without any knowledge of the plaintiff's claim,
or of the pendency of the suit at law; that the defendant Mary is
the widow, and the defendant Isaac is the brother or near relation
of their intestate; and both, being intimately acquainted with his
affairs, did know, that the controversy between the late John and
the late Nathan had been referred to arbitration, and had never
been settled; and that the defendants before the 10th of October,
* 1821, had employed counsel to attend to the interests of
the estate committed to their care in that controversy. 393
Whereupon the plaintiff prayed, that he might have a lull and
fair discovery of the knowledge of the defendants in the premises
to enable him to protect himself against their plea in bar. a matter
difficult from other proof, by reason of the great lapse of time since
the institution of the suit.

The defendants on the 11th of July, 1831, put in a joint and
several answer to this bill, in which they admit, that it was then
known to them, that the suit had been instituted and referred to
arbitration as alleged in the bill; and then they add, that no
further proceedings were afterwards had in the said suit, as these
defendants are informed and believe, during the life-time of The
said original parties, nor until several years alter the death of both
the said John Price and Nathan Tyson, and after the distribution
of the personal estate of the said Nathan.

These defendants further admit, that administration had been
granted to them on the 1st of April, 1819; and then in addition,
they say, that on the same 1st of April, an order was passed by
the said Orphans' Court, directing, that an advertisement in the
form prescribed in such cases by the Act of Assembly, should be
inserted once a week for four successive weeks in The Federal
Gazette, and also in The American, two newspapers published in
the City of Baltimore, giving notice, that the defendants had ob-
tained from the said Court such letters of administration on the
estate of the said Nathan Tyson, and warning all persons having
claims against the said deceased, to exhibit the same with the
vouchers thereof to these defendants before a certain day to be
named in such advertisement; and these defendants did accord-
ingly in obedience to said order, and as directed by the said
Orphans' Court, cause such advertisement, giving the said notice
and warning to all persons having claims against the said Nathan
Tyson, deceased, to exhibit the same with the vouchers to these
defendants on or before the first day of October next thereafter, to
be inserted in the said Federal Gazette newspaper, on the day