POST v. MACKALL.—3 BLAND. 517

And it is further ordered, that the exceptions to the auditor's
report of the accounts of the defendant Louis Mackall, as admin-
istrator de bonis non, be and the same are hereby sustained and
allowed; except as to the objections to the items in account A,
from No. 1 to No. 8 inclusive, which have been abandoned; Pro-
vided, that as regards the exceptions against the allowance for
$1,005, it be shewn, that the whole value of the slaves mentioned
in the mortgage deed of the 12th of January, 1821, has been ap-
plied by the administrator iu satisfaction of claim No. 5, other-
wise for so much only as has been so applied.

In pursuance of this order, the auditor made, and on the 21st of
May, 1832. filed a report of a final account, distributing the whole
proceeds of the estate of the deceased among his creditors who
had come into this Court; three of whom had filed the vouchers
of their claims since the passing of the order of the 14th of Feb-
ruary. The auditor in this report says, that the administrator de
bonis non had failed to produce the evidence which was required
to entitle him to the credit for $1,005, mentioned in that order;
that the circumstances disclosed, induced the auditor to believe,
that the administrator might be entitled to the credit, though
some * considerable tune might be required to collect his 528
proofs and explanations. And as there was already a large
sum of money in Court, laying unproductive, the auditor had,
therefore, thought it best to report immediately, and therein as-
sume, that the administrator was entitled to such an allowance,
the right to which might be suspended; so that if it should ulti-
mately be determined against him, a distribution of the amount
might be made without disturbing the accounts which were then
reported. That he had accordingly stated an account between
the administrator de bonis non, and the estate; and thereby cor-
rected his former accounts agreeably to the directions given. And
after allowing the credits as ordered, with some others proved by
the vouchers lately filed, and the sum of $1,005; there appeared to
be a balance in the hands of the administrator of $3,184.713 as of
the 26th of July, 1830, the day of the first sales of the real estate.
In all other respects the auditor's statements conform substan-
tially to the directions given.

It appears, that the gross amount of the sales of the real estate
were $16,539.92; from which were deducted $683.17, for commis-
sion allowed to the trustees who made the sales, and $166.46 for
costs; leaving a balance of $15,681.29 as the neat proceeds of the
realty which, with the balance in the hands of the administrator,
gave a sum total of $18,806 to be distributed, in the manner di-
rected, among those of the forty creditors whose claims were not
altogether rejected. Four of those creditors, No. 4,11,35 and 36,
including $1,000 allowed to the widow as directed, amounting to