HAMMOND v. HAMMOND. 311

cutor, as in this instance, or other party has been decreed or or-
dered to account, he may be called before the auditor and examined
on oath upon interrogatories in relation to such account. The an-
swers of a party to interrogatories being, in such case, considered
in the nature of an answer to the bill, may, in the same way, be
excepted to for insufficiency. And such party may be compelled
by attachment, if necessary, to attend before the auditor, and to
answer as required. (6)

Ordered, that the said Rezin Hammond forthwith attend before
the auditor, and give such information and testimony, or make
such affidavit as may be deemed pertinent and necessary to enable
the auditor to state such an account as he has been directed to
state, or the nature of the case may require; provided, that a copy
of this order be served on the said Rezin Hammond.

The auditor on the 25th of August, 1829, filed his report of the
accounts which he had stated in obedience to the decree of the
27th of August, 1828, in which he set forth, that the overpay-
ments of Charles, Thomas, and Elizabeth, amounted together to
$2,047 29; and that there was due from the defendant Rezin
$555 19; that the outstanding claims against the testators, as then
shewn, amounted to $3,086 29; that Charles and Harriet claimed
to have their legacies charged against the general fund, which, if
allowed, would leave the sum of $5,908 39 to be provided for;
that, assuming this as the amount to be raised from the estate, he
had stated the amount of contribution with which the respective
devisees were chargeable; that there was a debt due to the estate
amounting to $605 with interest and costs, which had not then
been collected; and of the parcel of land devised to be sold for
the payment of debts, there remained one hundred and fifteen
acres yet to be disposed of; neither of which items had been in-
cluded in his estimate of the estate.

To this report of the auditor the defendant Rezin excepted;
because Charles and Harriet had been allowed their legacies out of
the general fund to the prejudice of the other devisees.

The parties Thomas, Charles, Rezin, and Elizabeth, as execu-
tors of the late Philip Hammond, by their petition stated, that a
judgment had been recovered against them, and their sureties, on
their bond, as executors, for the use of Nicholas G. Ridgely for

(b) 2 Fowl. Exch. Prac. 247; 1 Newl. Chan. Prac. 325.