492 POST v. MACKALL.—3 BLAND.

Where one creditor may, to obtain satisfaction, have recourse to
two funds, and another creditor of the same debtor can only resort
to one of them; he who has it in his power to resort to the two
funds may be compelled to obtain satisfaction, as far as he can,
out of that fund upon which the other creditors can have no claim,

lent in value to her legal right; and by her acceptance of it, as such, it must
be presumed, that she has hitherto so regarded it. No one of these parties
has objected to the having of it, or of her dower awarded to her, in kind, or
in any other form. This devise to her, in lieu of dower, is one of singular
complexity, and difficult to be disposed of, with a due regard to the interests
of the devisees, and the creditors of the deceased. For, as regards the mort-
gaged estate, there being no personal covenant in the mortgage deed for the
payment of the money, it follows, that in so far as this incumbrance in lieu
of dower should be thrown upon it, so as to leave any balance unsatisfied,
the claim for such balance would be thereby reduced to the grade of a mere
simple contract debt, so as in that, and in other respects, to be regarded as a
devise to the prejudice, and in fraud of creditors, and void under the statute.

Therefore such a decree, as may be deemed safe as to the widow, and most
beneficial to all others, may be now made, as is usual in similar cases, direct-
ing the real estate to be sold, disregarding this devise to the widow, and
leaving her to come in, according to the rule of the Court, for a proportion
of the proceeds of the sale in lieu of her dower at the common law, to
which she and all concerned have thus tactily admitted she may safely be
remitted in place of the devise.—Maccubbin v. Cromwell, 2 H. & G. 444; Mar-
garet Hairs Case, 1 Bland, 203.

The claim of the complainant being established to the satisfaction of the
Chancellor, except as against the defendants James Tilton and Clara Tilton,
to the extent of whose interests it is barred by the Act of Limitations; and,
it appearing that the personal estate of the said Jacob Gibson, deceased, is
cot sufficient for the payment of his debts. Decreed, that the bill of com-
plaint be taken pro confesso against the absent defendants, &c. and against
the defendants Nancy Gibson, &c. Decreed, that the real estate of the said
Jacob Gibson. deceased, or so much thereof as may be necessary, be sold for
the payment of the mortgage claim of the defendants, the Farmers Bank,
and the claim of the complainant as stated in the proceedings, and all other
debts due from the said Jacob Gibson, deceased; that John Scott be appointed
trustee to make the said sale. &c. (in the usual form.) And at the time of
advertising said sale the trustee shall give notice to the creditors of the said
Jacob Gibson. deceased, to file their claims with the proper vouchers in the
Chancery office within four mouths from the day of sale. Decreed, in con-
formity with the decree of the Court of Appeals, that the answer of the de-
fendant James Tilton; and, according to the principles of the same decree,
the answer of the defendant Clara Tilton, be, and they are hereby declared
to operate as protections to the interests of the said defendants in the real
estate aforesaid, as against the complainant. And in taking the account of
the claim of the complainant the auditor is directed to treat it as having
been paid in proportion to the extent of the Interests of the defendants
James Tiltou and Clara Tilton; to which extent they would have been re-
quired to contribute towards the payment thereof in respect of the interests
acquired by them under the will of the said Jacob Gibson, deceased, if the
aforesaid answers had not been filed. And the parties are hereby author-
ized to take testimony in relation to the said proportional deduction from
the said plaintiff"s claim, before any Justice of the Peace, on giving three