160 ^HIGH COURT OF CHANCERY.

Compton, with interest from the expiration of one year after the
death of the testator, in conformity with the general rule upon
the subject of interest when no time of payment is named by
the will, the said sum, with the interest to be paid to the com-
plainants, Crain and Key, as the administrators of the said
Mary C. B. Compton. The Auditor will be also directed to
take an account of the assets of the estate of the said John
Barnes, in the hands of his executors, from the pleadings and
proofs now in the cause, and such further proofs as may be laid
before him by a day to be limited in the order, for the purpose
of ascertaining whether there shall be any abatement of said
legacy, on account of a deficiency of assets. He will also state
an account between the administrators of the said Mary C. B.
Compton, and the minors of Barnes to the end, that such final
disposition may be made of the case as the rights of the parties
may render expedient and proper.

[This order was affirmed on appeal.]

JOHN McTAVISH AND EMILY
McTAVISH, EXECUTRIX OF
CHARLES CARROLL, OF CAR-
ROLLTON,
vs.
WILLIAM CARROLL.

DECEMBER TERM, 1847.

[APPLICATION OF PAYMENTS.]

THE general rule upon the subject of appropriation of payments, gives to the
debtor, in the first place, the right to make the application, and then upon
his omitting so to do, to the creditor.

If a party is indebted on mortgage and simple contract, and making a payment,
neglects to apply it, the law will apply it to the mortgage or bond, as most
beneficial to the debtor; and such is the undoubted rule where no particular
application is made by either party.

Payments made generally, are applied in extinguishment of debts bearing in-
terest, where there were others due the same creditor, not carrying interest.

It a. party is indebted on several accounts and makes a payment, he may apply
it to either; if he does not, the creditor may do so, and if neither does the
law will appropriate it, according to the justice of the case.