MACKUBIN v. BROWN. 413

be might be removed, and another trustee appointed in his place.
And accordingly, by an order of the 8th of the same month, he
was removed, and Nicholas Brewer, jun'r, appointed in his stead,
who gave bond, and proceeded to execute the trust.

But on the 16th of April, 1826, Thomas L Stockett and Clarissa
his wife, filed their petition, in which they stated, that Clarissa was
one of the children of the late Basil and Henrietta Brown; and,
as such, was entitled to one-eighth part of the sum bequeathed by
the late William Hammond to Henrietta, and also to one-eighth
part of the real estate of the late Basil; and they objected to any
further sale being made of the real estate of the late Basil as prayed
by the petitioners Marriott and Shipky, and Vansant and wife;
first, because, their claims were not brought in within the time
limited by the notice to the creditors of the late Basil; and his
creditors, who had come in according to that notice, having been
satisfied, a partition of the residue of his real estate had been, long
since, made among his heirs, of whom Clarissa was one: secondly,
because the personal estate left by the late Basil was sufficient to
pay all his debts, if it had been properly administered; but it had
been wasted; and the administrator alone was now liable to these
claimants: and thirdly, because the late Basil ought not to be
charged with these claims, since, although he sold the real estate
of the late William Hammond, he had not received the purchase
money, which, in fact, had been received by his administrator,
Matthias Hammond. The petitioners further stated, that the trustee,
Nicholas Brewer, had advertised the real estate of the late Basil
Brown for sale, which would take place in a few days. Where-
upon they prayed, that the sale might be suspended; that the
claims might be rejected; and that they might have such relief as
the nature of their case required, &c.

20thApril, 1827.—BLAND, Chancellor.—Ordered, that the matter
of the aforegoing petition be heard on the eighteenth day of May
. next, or earlier with the consent of parties; and that depositions
in relation thereto, taken before the commissioners appointed to
take testimony in the city of Annapolis or before any justice of the
peace elsewhere, on giving three days' notice as usual, be read in
evidence on the hearing. And it is further ordered, as prayed,
that the said Nicholas Brewer, jun'r, the trustee, suspend al further
proceedings until farther order. Provided, that a copy of this order
be served on the said trustee, and also on the former petitioners
Eli Marriott and Cornelius Shipley and Sarah his wife, and Samuel