STRIKE'S CASE. 87

With regard to the proof of claims, brought in by other credit-
ors, it has been the practice in cases of deceased persons' estates,

sued and was likely to be made liable for a large amount of debts; and therefore
prayed that the surplus of the proceeds of sales in this case might be paid over to him
as executor.

9th June, 1802.—HANSON, Chancellor.—Ordered, that the creditors of Francis
Caskey, deceased, be notified by a publication of this order three Tuesdays or Fridays
in the Baltimore Telegraph, before the end of the present month, to exhibit their
claims, with the vouchers thereof, to the Chancellor, before the first day of Septem-
ber next; in order, that after that day a dividend may be made amongst the said
creditors of about £600, arising from the sale of certain property, mortgaged by the
said Caskey, over and beyond the mortgage debt and costs, &c.

After which, Bernard Caskey, as creditor of Francis Caskey, deceased, by a peti-
tion, prayed to have his claim discharged out of the surplus remaining after dis-
charging the mortgage.

16th October, 1802.—HANSON, Chancellor.—Ordered, that the trustee for the said
sale, by publishing this order three Tuesdays or three Fridays in the Baltimore Tele-
graph, before the 15th day of November next, do give notice to the creditors of the
said Francis Caskey, deceased, to exhibit their claims, with the vouchers thereof, to
the Chancellor, before the first day of February next, to the intent that a fair dividend
of the said surplus may be made amongst the just creditors of the said deceased.

This order was published, and, in consequence thereof, several creditors exhibited
their claims, an account of all which was stated by the auditor.

13th February, 1803.—HANSON, Chancellor.—Ordered, that the money arising from
the sale of the estate of Francis Caskey, be applied according to the auditor's state-
ment filed on the 11th instant; and that the balance of £328 0s. 3d. be paid to
Charles O'Brian and wife.

After this, on the 1st of March, 1803, William Richardson, by his petition, stated,
that the late Francis Caskey was indebted to him, the vouchers of which he filed,
being short copies of judgments obtained by Bernard Caskey, against the plaintiff,
Charles O'Brian, as administrator of F. Caskey, a part of which were assigned to
the petitioner, and the surplus still remained in the hands of the trustee, who was
apprised of this application, and would not pay over the proceeds, until this claim
was acted upon. Prayer that the claim be allowed.

1st March, 1803.—HANSON, Chancellor.—In this case, the Chancellor has passed an
order for discharging the claims which had been filed and passed, and for the residue
of the money arising from the sale to be paid to Charles O'Brian and wife.

It seems, this order has not been folly complied with, and this day, for the first
time, claims are exhibited,, with a prayer, that they be discharged by at application
of the said residue. The Chancellor being satisfied of the justness of the said claims,
cannot do otherwise than direct an application accordingly. And, had the said claims
been exhibited in due time, no order would have been passed, as aforesaid, in favour
of O'Brian and wife. It is well, that an application is made before the money is
paid under that order. But had the money been so paid, no blame could attach to
the court or to the register.

The Chancellor regrets, that he feels himself compelled, by a paper which has met
his eye, to make certain remarks, which, at first sight, may appear unnecessary, if
not improper. There is not the slightest reason for him to believe, that the aforesaid
claims were ever before this day received into the office. It is far more probable