LINGAN v, HENDERSON.

and reserving to herself now, and-at all times hereafter, all and all
manner of benefit and advantage of exceptions to the manifold
uncertainties and imperfections in the complainant's said bill of
complaint contained, for answer thereunto, or to so much thereof as
materially concerns these defendants, to make answer unto the said
defendant Lydia English, answereth and saith, that she admits,"
that James M. Lingan, by deed bearing date on the 8th of May,
1807, conveyed to Joh?i Henderson the tract of land as mentioned
by the plaintiffs; that John Henderson died intestate leaving the
heirs, and that administration was granted on his estate as stated
by the plaintiffs; but, that no final account hath been passed, by
which she can ascertain whether the personal assets of the intestate
are sufficient to pay all just debts against his estate. She further
alleges, that about the first of December, 1798, James M. Lingan,
being possessed of a grist and saw-mill, and other improvements,
and of land adjacent, agreed with John Henderson to carry on the
same in partnership; which John Henderson carried on from that
time until some time about the year 1807; by which considerable
profits were made, which came to the use of James M. Lingan in
his lifetime; that Richard Henderson, the father of John Henderson,
died, leaving five children, Janet, the wife of James M. Lingan,
John Henderson,) Sarah Henderson, Amanna Sims, and Ann Hen-
derson; and was at the time of his death possessed of a large real
and personal estate; upon which James M. Lingan and John Hen-
derson took out letters of administration 'of the personal estate
jointly; that James M. Lingan had possession, under those letters,
of all the intestate's personal estate; collected the whole of the
debts, and enjoyed the benefit of the commissions allowed for
administering the estate, which amounted to a considerable sum.
The defendant Lydia further answering, says, that John Henderson
has never yet received any part of what he was entitled to from
Richard Henderson's estate, but that the same has remained in the
hands of James M. Lingan. She admits such an instrument of
writing as that of the 10th of June, 1807, mentioned in the bill,
was executed by John Henderson; but she understood, that the
land was to be accounted for in the general settlement of accounts
between them at the price for which they had agreed; that in the
settlement of the account was to be included, not only the concerns
of the partnership in which they were concerned, but also the accounts
of the administration of the estate of Richard Henderson, and the pro-
portionable share of that estate to which John Henderson was entitled.