HAMMOND v. HAMMOND 323

such bond creditor may file a bill in behalf of himself and other
bond creditors against the heir and devisee with the executor or
administrator of the deceased, to obtain satisfaction of their claims

knowledged, and to be recorded according to law, convey the said land to the said
Brooke, as by the original decree, Nichols is directed to convey. Provided, that,
before the said Magruder shall act as trustee, he shall file a bond to the state of
Maryland, executed by himself, and at least one surety, approved by the Chancellor,
in the penalty of eighteen hundred dollars, conditioned for the faithful performance
of the trust reposed, or hereafter to be reposed in him by the Chancellor; and pro-
vided, too, that if the said Nicholls hath not departed out of the jurisdiction of this
court, every thing herein contained shall be null and void. In case the said Magru-
der be authorized to complete, and shall complete the said trust, he shall be allowed
a commission of five per cent, on the amount of the sale. And whereas the quan-
tity of the land sold to Brooke is uncertain, the said Magruder is hereby authorized
to ascertain the same, and whatever reasonable expense is by him incurred, in so
doing, shall be allowed.

And it is further Ordered, that the sale made by the said trustee Edward Nicholls,
be absolutely ratified, no cause having been shewn, &c. although notice, &c. And it is
Ordered, likewise, that the auditor of this court state the application of the money
arising from the sale, agreeably to the directions of the said Berry's last will, deduct-
ing first the costs of suit and a commission of one and a half per cent, to the aforesaid
trustee, who, it appears, hath left the state without completing his trust. Before the
auditor can state as aforesaid, he must ascertain from proof, who are the persons
entitled to said money.

Ex parte, ZIMMERMAN.—This petition, filed on the 6th of July, 1802, states that
the late George Beckenbaugh, by his last will, directed that his wife and children
should be supported out of the rents and profits of his real and personal estate, until
his real estate could be sold to advantage, without loss to his wife and children; that
the proceeds of the personal estate are wholly insufficient for the support of the
widow and children; that the land might be then advantageously sold; but that no
person had been appointed to make the sale. Whereupon it was prayed that a trus-
tee might be appointed to make the sale, &c.

6th July, 1802.—HANSON, Chancellor.—Decreed, in the usual form, that the land
be sold, &c.

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

Ex parte, CONWAY.—This petition, filed on the third February, 1803, stated that
the late George Conway, by his last will, directed 'that said executrix shall make
over and convey unto whomsoever may become a purchaser of fifty acres of land,
it being part of a tract or parcel of land called and known by the name of Al-
dridge, beginning, &c., and apply the money arising thereby as the rest of my per-
sonal estate, heretofore mentioned., And, after some legacies, he gave all the
remainder of bis personal estate to be equally divided amongst his five children, &c.
The petition further stated that the executrix died without having made sale, &c.

3d February, 1802.—HANSON, Chancellor.—Decreed, that the land, in the proceed-
ings mentioned, be sold, and that Thomas Cromwell be appointed trustee to make
the sale, &c.

A sale was accordingly made and reported.