46 TESSIER v. WYSE.—3 BLAND.

balance of his claim by a suit upon the administration bond of the
late administratrix Rachel Wyse; as I can see no plausible, legal
or equitable pretext for requiring him to sue upon that bond be-
fore he is allowed to obtain the relief he now seeks against this
administrator de bonis non.

Upon the whole I am clearly of the opinion, that this bill may
well be sustained against these defendants as a creditor's suit,
notwithstanding its alleged defect in not expressly charging, that
the personal estate of the deceased was insufficient to pay his
debts. The claim of the plaintiff Tessier, has been established by
proof demonstrative and satisfactory; it has not been shewn that
any fraud, wilful default, or breach of trust can be imputed to
him; and it has been shewn that the personal estate of the de-
ceased is, at this time, greatly inadequate to the payment of the
plaintiff's claim alone. From which it is clear, that the real estate
must be sold; and may be at once sent into the market for that
purpose, while the Court is engaged in calling in the creditors, and
having an account taken of the personalty. I shall therefore de-
cree accordingly.

Decreed, that the defendant Joseph Allender, account with the
complainants of and concerning the personal estate of William
Wyse, deceased, and the proceeds thereof which may have come
to his hands, or be claimed by him as administrator. That for
the purpose of making a final settlement and distribution of said es-
tate, the said administrator Allender, is required to make sale of all
the goods, and chattels now remaining in his hands. And the audi-
tor is directed to state the account from the pleadings and proofs
now in the case, and from such other proofs as the parties may
lay before him. And the parties are authorized to take testimony
in relation to the account before the Commissioners in the City of
Baltimore, or before any justice of the peace elsewhere, on giving
three days' notice as usual: Provided, that the testimony be taken
and filed in the Chancery office, on or before the first day of No-
vember next.

* Decreed, that the real estate in the proceedings men-
60 tioned, whereof the late William Wyse died seized, be sold
for the payment of his debts; that John Scott be appointed trus-
tee to make the sale, &c., the terms of which shall be as follows:
One-third of the purchase money to be paid in six months from the
day of sale, one other third in nine months from the day of sale, and
the residue in twelve months from the day of sale, the whole to
bear interest from the day of sale, and to be secured by bond
with surety to be approved by the trustee, &c. And the trustee, at
the time of advertising the property for sale, shall give notice to
the creditors of the said late William Wyse, to file the vouchers of
their claims in the Chancery office, within four months from the
day of sale.