HAMMOND v. HAMMOND. 309

amount, if any, of his debts yet remained unsatisfied; that the
several devisees might be compelled to contribute according to the
requisitions of the will, to such of the debts as yet remained un-
satisfied; and that the plaintiffs might have such other relief as the
nature of their case might require.

The defendant Rezin by his answer admitted, that, in the man-
ner as stated, he had taken upon himself the office of one of the
executors of the will of the late Philip Hammond, in which the
devises and bequests had been made as set forth in the bill; that
he had collected several sums of money, and had taken into his
possession some of the personal estate of the testator; that he had
stated an account with the plaintiff Charles and the defendant
Elizabeth, from which it appeared, that he had paid $300 more
than he had received; and that he was then ready and willing to
account. The defendant Elizabeth, by her answer, admitted the
facts as stated in the bill; and averred, that no part of the assets
had come to her hands as executrix. The infant defendants Ma-
tilda, Harriet, and Philip, answering by their guardian ad litem,
said, that they had no knowledge of the matter, and submitted
their interests to the protection of the court.

The plaintiffs put in a general replication to these answers;
upon which a commission was issued, and testimony taken and
returned. After which the case was brought before the court, that
a decree to account might be passed by consent.

21th August, 1828.—BLAND, Chancellor.—This case standing
ready for hearing and being submitted, the proceedings were read
and considered. Whereupon it is DECREED, that the auditor take
an account of the real and personal estate of the late Philip Ham-
mond which came to the hands of the said Elizabeth Hammond,
Rezin Hammond, Thomas Hammond, and Charles Hammond, as
executors or otherwise of the late Philip Hammond; and of the
manner in which the same may have been administered or distri-
buted. And also an account of the debts due and owing from the
said late Philip Hammond at the time of his death which are yet
remaining unpaid. And that the auditor state said accounts from
the pleadings and proofs now in the case, and from such other
evidence as the parties may have taken before him, or have taken
before any justice of the peace, on giving three days notice as
usual, and lay before him.

40 v.2