322 HAMMOND v. HAMMOND.

In England, where a debt is secured by specialty, by which the
debtor binds himself and his heirs for the payment of the debt,

vit by law required, for enabling the said Merriken to support an action at law on
the said bond, in his own name.

Ex parte, TONGUE.—This petition, filed on the 1st of February, 1794, states,
that the late Richard Cowman died seized of certain real estate, a part of which he
directed to be sold for the payment of his debts; and appointed his executors Arm
Cowman, Thomas Tongue, and Joseph Cowman, with power to sell, &c.; that Ann
Cowman is dead; and that a sale is necessary to pay the debts of the deceased.
Whereupon it was prayed that a trustee be appointed to make sale, &c.

10th July, 1794.—HANSON, Chancellor.—On the said petition, and the last will and
testament of Richard Cowman, therewith exhibited, it is Decreed, that the petitioners,
Thomas Tongue and Joseph Cowman, be, and they are hereby appointed trustees for
selling the lands of the said Richard Cowman, which, by the said last will and tes-
tament, the executors are authorized to sell; and that they, or the survivor of them,
in case of the death of either, have full authority to sell such part of the said lands
as they shall think necessary; and that the manner and course, &c. (in the usual
form, concluding thus) And the said trustees or trustee, at the time of giving notice
of the sale, shall give the like notice to the creditors of the said Richard Cowman,
to exhibit their claims, with the vouchers thereof, to the Chancellor, within three
months from the time fixed by the said trustees or trustee for the first sale.

After which, a sale was made, reported, and ratified accordingly.

Exparte, BERRY.—-On the fourteenth of May, 1796, Jeremiah Berry filed his petition
to have a trustee appointed to sell the real estate of the late Benjamin Berry, ac-
cording to the provisions of his will. A decree was passed accordingly, on the same
day, appointing Edward Nicholls trustee for that purpose; who, after having sold a
part of the estate, left this state, went to England, and had not returned. Where-
upon, the purchaser, John S. Brooke, by his petition, prayed that another trustee
might be appointed to convey the land to him, &c.

14th May, 1803.—HANSON, Chancellor—The Chancellor has considered the peti-
tion of John Smith Brooke, this day filed; and it appears to him, that, if the facts
therein stated, be true, justice requires that the prayer of the petition ought to be
granted, by appointing a trustee in the room of the trustee who hath gone out of the
jurisdiction of this court. Relief, indeed, might perhaps be obtained on Brooke's
filing a bill against the heirs of Benjamin Berry, stating every thing which hath
taken place under and since the decree; but it appears to the Chancellor notwith-
standing, that the appointment of another trustee not being injurious to any party
whatever, unless to the absent trustee, who ought, long since, to have completed his
trust ought to be made; the Chancellor being authorized to appoint a trustee or trus-
tees.

It is Decreed, that Alexander C. Magruder be, and he is hereby appointed trustee,
with full power to do any act which, by the decree in this cause, the said Edward
Nicholls is authorized to perform, and which he hath not performed; and particu-
larly, that the said Magruder, on the said Brooke's paying to him the purchase
money, with interest, of the land of Benjamin Berry, to the said Brooke, by the
said Nicholls sold, or producing to him to be here filed, receipts in writing for the
said purchase money, with interest, from the parties entitled, by the order of this
court, to receive the said money when here brought in, shall, by a good deed, ac-