216 CAMPBELL'S CASE.

rine, as the devisee, who, by the will of her father, was to take on
his behalf and after him, considered this petition filed as well on
his behalf as her own; petitioners had, in pursuance of
the intention of the put into possession of the real
and personal estate devised for their use; and that the
creditors were so the petitioners were apprehensive
that the estate in their might be taken from them; that
they might thus left without the means of support. Upon
which they prayed, that a trustee might be appointed as authorized
by the act of Assembly, &c.

With the trustee Donaldson filed his affidavit, in
which he states, that he had advertised two public sales of the
estate; and had only been able to effect a sale of the two lots in
Washington as before reported by him; that he believed no sales
could now be effected, except at ruinous sacrifices; and that by
the statement of the auditor there were debts due to the amount of
$50,860 65, which, he understood, might have been reduced $8,000
or $10,000 by payments which had been made.

12th December, 1827.—BLAND, Chancellor.—Decreed, that John
I. Donaldson be and he is hereby appointed trustee with full power
and authority to mortgage the real estate of which the said William
Campbell died seized, or any part thereof to such person or persons
and for such sum or sums, and on such terms and conditions as he
may deem most advantageous to all persons interested in the estate;
provided, that the said trustee before he proceeds to the execution
of his trust, shall give bond with surety in the penalty of fifty thou-
sand dollars, &c.

James Cunningham and Catherine his wife, two of the plaintiffs
in this case, by their petition to the Chancellor, set forth, that
Charles Campbell, of Frederick county, had been for some years,
and then was in a state of great mental weakness and unsoundness
of mind; rendering him incapable of managing himself or his pro-
perty; that he never had been married; and that the petitioner
Catherine his sister, and Edward Campbell his brother, were his
next of kin. Upon which it was prayed that a writ de lunatico
inquirendo might be issued. With this petition there was filed an
affidavit, made on the 15th of December, 1827, before the mayor,
and certified under the seal of the city of Philadelphia, by the at-
tending physician of the Hospital of Philadelphia stating, that
Charles Campbell had been for several years, and then was in that