524 HIGH COURT OF CHANCERY.

[This suit originated in the filing of a creditor's bill on the
equity side of Charles County Court, on the 12th of Novem-
ber, 1840, against Maria C. Brawner, executrix, and the heirs
and devisees of Henry Brawner, deceased, and was subse-
quently transferred to this court, under the Act of Assembly in
relation to such cases depending in the county courts, consti-
tuting the First Judicial District.

Maria C. Brawner departed this life in the latter part of July,
1847, and on the 22d of February, 1848, a bill of revivor was
filed against the defendant, Dent, as administrator d. b. n. of
said Brawner.

One of the claims of the suing creditors is founded upon a
promissory note made by said Brawner and one Ignatius Stew-
art, in favor of Brooks, Stephens & Co., dated the 22d of
April, 1837, for the sum of $2112, and payable six months
after date. The other is on an open account for articles of
merchandise sold to said Stewart on the 16th of October,
1836, and amounting to the sum of $1901 30, with interest to
the l8th of September, 1838, on the credit of a letter from said
Brawner, undertaking the payment of the same; of which the
original being lost, parol proof was offered.

Henry Brawner departed this life sometime in the fall of
1838, having first made and duly published his last will and
testament, by which he devised to bis wife, Maria C. Brawner,
in fee, a tract of land called "Elleslie," and constituted her his
sole executrix, which office she undertook, and returned an in-
ventory of his personal estate, amounting to $7943.

This tract was purchased by the testator, at a chancery sale,
made in 1825 or 1826, by Daniel Jenifer, acting as trustee, for
the sum of $5161 87, and was conveyed to him by the trustee,
on the 22d of August, 1830, and it continued until his death,
upon the land records of Charles county, as his absolute prop-
erty and estate.

Mrs. Brawner, the widow and devisee, in her answer, claims
this tract of land as her own, or that she must be regarded as
a preferred creditor thereof, by reason of an agreement between
her and her husband, set up in her answer, that she would con-