HAMMOND v. HAMMOND. 307

of the personalty must be established, in order to obtain a decree for a sale of the
realty.—A decree for a sale virtually takes possession of the property, and vests
it in the court for distribution.—After the court has, by a decree, assumed the ad-
ministration of the assets, creditors may be prevented, by injunction, from pro-
ceeding in other cases; and the executor will not be permitted, at Ms pleasure, to
apply the assets in satisfaction of any particular claim.—How creditors and next
of kin are to be notified; and how, and within what time, they may be allowed to
come in.—A creditor having a lien, although he cannot be compelled to come in
under the usual notice, may be made a party so as to have his incumbrance cleared
away for the benefit of the other creditors.—The mode of making distribution;
on what amount; and the nature of priorities.

Where a devise, for the payment of debts, is sufficient and effectual, the creditors
can only come in as the will directs; but if it be insufficient or ineffectual, it is
fraudulent and void as against them.—The personal estate, being the natural fund
for the payment of debts, if the heir or devisee pay the debt, he may obtain reim-
bursement from the personalty.—How far an infant is bound by his answer by
guardian ad litem.—The cases in which interest is allowed, and the mode of com-
puting it.—According to the terms of the devise, in this case, it was held that
the contribution of the devisees should be in proportion to the actual value of the
property given to each.

THIS bill was filed on the 29th of October, 1827, by Thomas
Hammond, Philip Hammond, George W. Hammond, John Hammond and Charles Hammond, against Rezin Hammond, Elizabeth
Hammond, Matilda Hammond, Harriet Hammond, and Philip H.
Mewburn. The bill states, that the late Philip Hammond made
his will, on the 6th of August, 1822, and soon after died, seized
and possessed of a large real and personal estate; that by his will,
he gave particular portions of his estate to each of the parties to
this suit, upon the terms specified; that he emancipated some of
his slaves; that he directed certain parcels of his real estate to be
sold for the payment of his debts; and appointed his wife, the
defendant Elizabeth, with the defendant Rezin, and the plaintiffs
Charles and Thomas, his executors.

The only dispositions of this testator's will, that are, at all, mate-
rial to this controversy are the following, in which, among other
things, he says: 'to my son Charles Hammond, and his heirs for
ever, I give and bequeath the following negroes, to wit, Andrew,
Dinah, and her daughter Amy,' &c.; and again he says, 'to my
daughter Harriet Hammond, and her heirs for ever, I give and be-
queath the following negroes, to wit, Margaret and Hose,' &c. And
he then concludes his will in these words. 'I will and direct, that
all the residue of my lands in Anne Arundel county, which have not
been devised by me to my children, nor grandchildren, be sold by
my executors, and the moneys arising from the sales thereof, be
applied to the payment of my debts, and should there be more than