HAMMOND v. HAMMOND. 321

come in, pari passu, with simple contract creditors; and moreover,
that notwithstanding the infancy of the heir or devisees, the lands
may, without allowing the parol to demur, be immediately sold for
the benefit of all the creditors. (6) This construction and qualifi-
cation of this English statute has been virtually affirmed by the act
of assembly which authorizes the Chancellor, where lands are
devised to be so|d for the payment of debts or other purposes, and
there is no person appointed to execute the trust; or the person
appointed neglects or refuses to do so, to appoint a trustee, to
order a sale, and to apply the proceeds accordingly, (c) And
although the application under that act of assembly is always made
ex parte, yet, if the object be to pay debts, it is treated, in all the
subsequent proceedings, as a creditor's suit; such as ordering no-
tice to be given to the creditors of the testator to bring in their
claims and the like, (d)

(6) Newton v. Bennet, 1 Bro. C. C. 136; Lingard v. Derby, 1 Bro. C. C. 311;
Powell v. Robins, 7 Ves. 209; Bailey v. Ekins, 7 Ves. 322; Shiphard v. Lutwidge,
8 Ves. 26; Leigh and Dal. Equ. Conver. 10, 13.—(c) 1785, ch. 72, 8. 4.—(d) Ex
parte Margaret Black, 1 Bland, 142, note.

Ex parte, BOONE.—This petition was filed by Charles Boone and others on the
13th of May, 1791; it states that the late Stephen Boone, by his last will, had di-
rected his lands to be sold, and the proceeds to be divided among the petitioners;
but had appointed no person to make the sale. Whereupon it was Decreed that a
trustee be appointed, &c. &c. who made and reported a sale accordingly.

25th January, 1792.—HANSON, Chancellor.—Ordered, that the report of Gabriel
Duvall, trustee for the sale of the real estate of Stephen Boone, deceased, be ap-
proved; and that his proceedings, and the sale therein mentioned, be approved, rati-
fied, and confirmed; unless cause shall be shewn to the contrary on or before the
fifth day of next February term.

No cause having been shewn, the case was submitted to the court.

9th June, 1792.—HANSON, Chancellor.—Ordered, that the sale be absolutely ratified,
&c., and that the said trustee may assign any of the bonds by him taken, on the said
sale, to such person or persons as is or are entitled to an assignment agreeably to the
decree of this court, and the will of the said Stephen Boone.

Upon the petition of Margaret Howard, and the exhibit, therewith filed, the case
was again brought before the court.

9th June, 1795.—HANSON, Chancellor.—Ordered, that Gabriel Duvall, trustee for
the sale of the real estate of Stephen Boone, deceased, do assign and deliver unto
John Merriken, the guardian of the said Margaret Howard, appointed by the Or-
phans Court of Anne Arundel county, the bond taken by the said trustee, on the sale
of the said estate, of Gassaway Watkins, with Zachariah Duvall and Ephraim Du-
vall, sureties for the principal sum of five hundred pounds, dated 22d July, 1791 j
and that the said trustee assign the said bond to the said guardian in trust for the
said Margaret Howard, after having endorsed the same, if required, with the affida-