52 LATIMER v. HANSON.

On the 9th of August 1819, Sarah H. Smith filed a petition in
behalf of herself and the other creditors of the late Charles Wallace,
stating, that in April 1810, she had obtained a judgment against
him in his lifetime for £450 4s. Id.; that she is informed that several
judgments have been obtained against his executor, upon which
executions have issued, which have been returned nulla bona; that
she cannot obtain payment from the personalty; and therefore
prays to be paid out of the proceeds of the sale of the real estate
in the hands of the trustee; and that notice be given to the heirs,
devisees, and creditors.

24th July, 1820.—KILTY, Chancellor.—On the petition of Sarah
H. Smithy the auditor is directed to state an account of the claims
against the estate of Charles Wallace if the proceedings are in a
state for that purpose.

Immediately after which the case was again brought before the
court for further consideration on the same petition.

29th July, 1820.—KILTY, Chancellor.—On the petition of Sarah
H. Smith, claiming to be a creditor, and praying to be paid out of
the proceeds of the said estate, on the ground, that the personal
estate is insufficient, and that notice should be given to the heirs
and devisees, and to the creditors; I have examined the proceed-
ings, and find some difficulty in making the order at present. It
has become the established practice to admit and determine on
claims to the proceeds of sale on decrees for the purpose of divid-
ing them; but this being done to remedy the neglect or delay of
creditors who might have filed their original bill, it is incumbent on
them to shew who are at present the heirs and devisees, their resi-
dence and ages, and to have order for publication against those
out of the State.

On the 31st December 1821, some of the devisees filed their
petition, in which they stated, that the trustee, Brewer, had made
sale of the real estate, and had the money then in his hands; and
stated further, that there are several disputes both at law and in
equity, which have prevented a settlement of the personal estate of
the said Charles Wallace, and it may remain for a long time doubt-
ful whether the creditors or the representatives will be entitled
to the proceeds of the said sales. In the mean time the debts are
increased yearly by accruing interest, and the fends lie idle in the
hands of the trustee. Part of the money arising from said sales