308 HAMMOND v. HAMMOND.

will discharge my debts, then I give the surplus that may be over,
to my wife Elizabeth Hammond; but in case the moneys arising
from the sales of said property should not be sufficient to discharge
my debts, then I direct that my executors pay the balance of my
debts from my estate generally; and from the rents and profits
thereof; and I request, and will, that they give bond for their pay-
ment; and that no administration on my estate be had in the ordinary
manner; but that the property devised to my sons and daughters
and to my grandson, shall contribute in equal proportions to the
discharge of my debts, to be applied and used in such manner as
my executors may deem most advisable and beneficial.'

After which, on the 19th of October, 1822, he added a codicil
to this will, in which he made some other dispositions of his pro-
perty, and concluded in these words, 'I devise and direct, that all
the rest and residue of the lands which I purchased of the Miss
Hoods, after deducting therefrom the part above devised to my son
John and his heirs, shall be sold by my executors, and the pro-
ceeds thereof applied to the payment of my debts. It is my will
and desire, and I do hereby direct and devise, that all debts due
me by bond, note, open account or otherwise, with the exception
of the mortgage debt due by John W. Dorsey, and which I have
herein before devised to my daughter Harriet, shall be assets in
the hands of my executors to be applied to the payment of my
just debts, and whatever surplus there may remain, I give and
devise to my wife Elizabeth Hammond. Whereas in and by said
will I have bequeathed to my son Charles three negroes, named
Dinah, Amy, and Andrew, and to my daughter Harriet two others,
named Margaret, and Rose; since which time I have parted with
all property in said negroes, I do therefore, in lieu of the said
devises, give and bequeath to my said son Charles the sum of
$700, and to my said daughter Harriet the sum of $300 respec-
tively.'

The bill further states, that after the death of the testator his
will was proved; that the executors therein named obtained letters
testamentary, giving security to pay all debts and legacies accord-
ing to law, and have acted accordingly; that the testator's per-
sonal estate would not be sufficient to pay his debts; and, that
Henry Hammond, one of the devisees, had, since the death of the
testator, died without children, and unmarried. Whereupon it was
prayed that an account be stated so as to shew how the estate of
the testator had been disposed of by his executors; and what