444 HIGH COURT OF CHANCERY.

the trustees' expenses and allowances, which the interest of her
lale husband bore to the whole partnership estate,) appears to
me to be well taken. The administratrix of Hayes is to be re-
garded as a creditor, and entitled to be paid as any other credi-
tor would be, in preference to the parties who held the estate
subject to her claim.

It has already been said, that the bonds to Seal, secured by
the mortgage, are, as to the principal sums, to be paid out of
the personal estate of Hayes in the hands of his administratrix,
if it be sufficient; and that the interest thereon from the death
of Hayes until the property was sold, must be paid by the de-
fendants, either from the rents and profits, or out of their pro-
portion of the proceeds of the real estate. The interest from
the period of the sales must be paid by the administratrix out
of the proceeds of the personal estate. And I have also said,
that this court will retain the money, and make the proper ap-
plication of it in this court, upon the grounds already stated.

But it is not to be understood, that the court will, in this pro-
ceeding, discharge the functions of the Orphans' Court, and
settle the administration accounts; and, therefore, when the
accounts are stated, ascertaining the sum due the complainant,
as administratrix other husband, after deducting therefrom the
amount payable on the mortgage debt, the residue will be paid
over to her, to be accounted for in the Orphans' Court of the
proper county.

It may also be said, that I approve of the mode in which the
Auditor has stated the trustees' commissions on the several
sales, (the trustees having calculated the commissions separate-
ly on each sale, when made at different epochs, and not treat-
ed the sales as made at one time ;) and that in charging inter-
est on Seal's bonds, he should charge up to the mean day of
sale.

Many of the exceptions going to the details of the accounts,
it is not necessary to decide, as the present questions which
will be considered by the Orphans' Court, when the accounts of
the administratrix are stated there.

[No appeal was taken from this order. ]