310 HAMMOND v. HAMMOND.

After which the case was brought before the court to have the
creditors of the testator called in, for the purpose of having the
assets properly administered, and of making a final settlement and
distribution of the estate,

17th September, 1828.—BLAND, Chancellor.—Ordered, that the
creditors of Philip Hammond, late of Anne Arundel county, de-
ceased, file the vouchers of their claims in the chancery office on
or before the 17th day of January next. And that a copy of this
order be inserted in some newspaper or newspapers once in each
of three successive weeks before the 17th day of October next.

The object of this suit being to adjust the rights and liabilities
of the respective parties, as claimants under the will of Philip
Hammond, deceased, it was obviously liable to abate by the death
of any one of them, whose interest did not survive or fall into the
common stock for the benefit of any one or all of the others;
although as regarded the creditors of the deceased, it was to be
treated as a mere creditor's suit. Therefore, on the death of the
plaintiff Philip Hammond, the surviving plaintiffs filed a supple-
mental bill of revivor against his widow Juliana Hammond, and
his infant children Philip Hammond, Marianna Hammond, Harriet
Hammond, Edward Hammond, and Cecelia Hammond; who all
answered and admitted the facts as stated in the bill.

The auditor reported, that in consequence of the imperfect state
of the accounts and vouchers of the defendant Rezin, who was
one of the executors, he had taken unusual pains to prepare his ac-
count; that he, the auditor, had made a statement, to make a report
of which to the court, the affidavit of Rezin was necessary; that
several days had been appointed for him to appear and verify the
statement; but he had failed to do so; from which, and his con-
duct the auditor alleged, that he was convinced he should be
unable to report any account unless Rezin. should be compelled to
attend.

8th August, 1829.—BLAND, Chancellor.—It having been made
the duty of the auditor to state such accounts as the Chancellor
may direct; and as he has, for that purpose, been clothed with
authority to administer an oath to all witnesses and persons proper
to be examined upon such accounts; (a) it necessarily follows,
that, here as in England on a reference to a master, where an exe-

(a) 1785, ch. 72, s. 17.