THOMAS VS. WOOD. 297

That the surviving husband of the niece, had the same title to demand this lega-
cy bequeathed his wife, as if it had been payable out of the personal estate
of the testator; and, that it made no difference whether the wife died before
or after the sale actually took place.

A partial failure of a devise'to a widow who abides by the will, will not entitle
her to compensation out of the residue of the estate, unless the failure is to
such an extent, as to make what she receives under the will, less in value
than her legal share of her husband's estate.

When it is said in the act of 1798, ch. 101; sub. ch. 13, sec. 5, that a widow
standing by the will of her husband, is to be considered as a purchaser with
a fair consideration, it cannot be meant, that she is so to be regarded, what-
ever may be the extent of the devise to her.

But, the sound and just rule must be, that she is to be considered a purchaser
of the devise, to the value of her share or legal right.

The whole of the testator's property will, in equity, be charged with the pay-
ment of his debts, in favor of his manumitted slaves, and, in a judicial pro-
ceeding, to determine the invalidity of a deed of manumission as being in
prejudice of creditors, the negro manumitted is entitled to the assistance of
the heir at law, or the person holding the real estate, in taking an account of
the amount thereof before the insolvency of the deceased manumittor can
be legally ascertained.

With regard to the manumittor himself and his legal representatives, the man-
umission, though in prejudice of creditors, is valid, and the negroes manu-
mitted are not assets for the payment of debts.

Where the administrator of an executor takes out, jointly with another, letters
of administration de bonis fun, on the estate of the testator, he does not ex-
clusively represent both estates; and, consequently, there can be no trans-
fer, by operation of law, of the property in his hands, as administrator, to
him as administrator de bonis won.

[Joseph G. Harrison, deceased, by his will, dated 2d Novem-
ber, 1844, devised to his wife, Matilda B. Harrison, eighty
acres of land; and devised, that his executor should sell the
rest of his real estate, and pay to his wife one-third of the bal-
ance of the proceeds which might remain after the payment of
his debts. He also devised to his niece, Isabella Thomas, two
thousand dollars, without interest, to be paid out of the pro-
ceeds of the sale of his real estate; and the balance of the
money arising from said sale, he gave to his nephew, Thomas
L. Simmons. The testator, by his will, also manumitted some
of his slaves immediately, and to the others he gave the privi-
lege, after serving out a term of years, of emigrating to Africa.

Such proceedings were had in the above cases consolidated,
that a sale of the real estate was made by Wood, the executor,