520 IGLEHART v. ARMIGER.

children. One of whom, Jemima, with her husband John Gross,
and others, filed a bill in this court, alleging, that the estate, which
had so descended to them, would not admit of partition without
loss; and therefore prayed, that it might be sold and the proceeds
divided among them. It was decreed accordingly, on the 12th of
December 1816; and Thomas Sellman was appointed trustee to
make the sale. In pursuance of which authority he reported, that
he had sold the properly to John Cross, who had given bond as
required for the purchase money; and, on the 29th January 1817,
an order was passed to confirm the sale unless cause shewn. On
the 8th of March following John Cross, the purchaser, died intes-
tate, and without having paid the purchase money, leaving three
minor children, his heirs, to whom the real estate so purchased
descended.

The minor heirs of Ooss, by their next friend, petitioned the
legislature for a special act, authorizing the sale of the interest so
purchased by their father, in order to save the fee simple estate
which had descended to them, and also the personal property,
agricultural implements, &c., which were necessary for their sup-
port : alleging, that the Chancellor, on application, had declared
it to be his opinion, that he had no authority to decree in such
case : that is, as is presumed, that he had no authority to decree,
at their instance, that the assets should be so marshalled; and
upon this ground, as it seems, the legislature, on the 20th of
January 1818, passed an act,(a) authorizing Thomas Sellman as
trustee to sell, at public sale, upon such terms as the Chancellor
should direct, all the equitable interest in the real estate which' had
so descended to the minor children of the late John Cross; and,
from the proceeds, to pay the purchase money; and the balance to
be disposed of as the Chancellor should direct; or to pass to those
children as realty; and, if Sellman the trustee should die, the
Chancellor was authorized to appoint a successor.

In pursuance of this act of Assembly, Sellman on the 27th of

the same month, filed his petition to the Chancellor, who, on the

same day, passed a decree accordingly specifying the terms of

/sale. Upon which Sellman, on the 6th of October 1818, made a

sale of the equitable interest of the children of Cross to Benjamin

Armtger, by whom a part of the purchase money was paid, and

the residue secured by bonds and a note with surety, which were

(a) 1817, ch. 46.