516 POST v. MACKALL.— 3 BLAND.

tain themselves, they must be disposed of with other portions of
the personalty, so as not to leave them as a burthen upon any one
or upon the county. The right to have such slaves maintained
by the owner, in discharge of the county, has been expressly given
as a public claim, by which the estate of the deceased owner
is bound; 1796, ch. 67, s. 13 and 29; 1824, ch. 100; Keane v.
Boycott, 2 H. Blac. 511, note; and therefore, the administrator
must, at his peril, make such a disposition of the estate, if practi-
cable, as to secure to the public, that right; and he cannot be
allowed, to the prejudice of the creditors, or next of kin of the
deceased, to retain any thing for the maintenance of such aged or
infirm slaves.

Whereupon it is ordered, that this case be and the same is here-
by again referred to the auditor, with directions to state a final
account. The claim No. 4, is to be first and fully satisfied from
the proceeds of the real estate that has been sold; and then from
the same proceeds, the amount agreed upon, according to the
terms of the agreement, is to be allowed to Christiana Mackall,
the widow, in lieu of her dower; and then, after the satisfaction
of these claims, the residue of the proceeds of the realty is to be
applied in full satisfaction of claim No, 11; after which an amount
is to be set apart equal to the full satisfaction of claims No. 35
and 36. The claims No. 5, 6, 18, 19, 20 and 28, are to be first fully
satisfied out of the personal estate, or so far as it will go, so as
distinctly to shew the deficiency, if any, to be made up to each of
those claimants out of the realty. But if a surplus of the per-
sonalty should remain, after * satisfying those claims, then
527 a complete distribution thereof is to be made among the
claimants No. 6, 9, 10, 12, 13, 15, 18, 19, 20, 21, 23, 24, 26, 29, 34
and 37. Then a dividend is to be made of the real and personal
estate, among the claimants No. 1, 2, 3, 9, 10, 12, 13, 14,15, 16, 17,
18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 32, 33, 34 and 37, so as
to put each of them upon an equal footing, as nearly as practica-
ble, with each other and all other claimants, except the dower
claim, and claims No. 4, 11, 35 and 36, and as if the claims No. 5.
6 and 8, were allowed to come in among the divisors; and then the
whole residue of the estate, real and personal, is to be so distri-
buted as to give claims No. 35 and 36 a preference for a full satis-
faction against all, except claims No. 5, 6 and 8; and so as to
apply the whole in satisfaction of the several remaining claims,
until they are as fully and as equally satisfied as may be, accord-
ing to their respective rights. In making this final arrangement
and distribution of the funds, real and personal, of this deceased
debtor, the auditor is further directed to reject claims No. 7, 30
and 31, together with all others, which do not appear, at the time
he makes his statement, to be fully and correctly authenticated
according to the course of the Court.