340 HAMMOND v. HAMMOND.

practice here as well as in England; (a) and in affirmance of such
a course of proceeding, the like power has been given to the Court

After which, some of the creditors submitted their claims upon their vouchers for
adjudication and allowance.

13th July, 1795,—HANSON, Chancellor.—Being satisfied of the justice of the claims
of William Hemsley and Peregrine Tilghman, against the deceased, to the amount
of £ 1,061 15s. 9d. including interest to this day, after deducting the payments; it is
Ordered^ that there be paid to the said claimants, out of the money arising from the
sale of the real estate of the said deceased, the aforesaid sum of money, or that the
said sum, or a part thereof, if assigned, be deducted from the purchase money due
on the said sale, or credited to the purchaser.

After which the trustee stated, that it was highly probable, that the whole estate
would be insufficient to satisfy the creditors of the deceased.

July, 1795.—HANSON, Chancellor.—The order of the 13th instant was passed,
under the impression, that the estate of Clayton would be more than sufficient to dis-
charge all his debts. It is now stated by the trustee, that it is uncertain, whether
Off not the part remaining to be sold will raise money enough to supply the deficiency
of the first sale. The Chancellor, therefore, does not conceive it safe to discharge
the whole claim, or even the whole of the net product of the first sale, the gross
amount whereof is only £780, the sum of £540.

We the undersigned, creditors of Solomon Clayton, deceased, do hereby consent
and agree, that Peter Edmondson, trustee, shall convey, in fee simple, unto Henri-
etta M. Clayton, widow of the said Solomon Clayton, the home plantation on which
Mrs. Hannah Clayton lately dwelt, upon her, the said Henrietta, giving bond with
surety to the said Peter Edmondson to pay him, to the use of the creditors, at the
rate of three pounds per acre for the said plantation, upon the same terms the Hono-
rable Chancellor of Maryland decreed the land of the said Solomon Clayton, called
Neglect, to be sold. James Hindman, William Hemsley, Peregrine Tilghman, M.
Earle, Cornelius Sewell, Esther Hindman.

15th August, 1795.—-HANSON, Chancellor.—Ordered, That Peter Edmondson, trus-
tree for the sale of the real estate of Solomon Clayton, deceased, be, and he is
hereby, authorized to dispose of the home plantation on which Mrs. Hannah Clay ton
lately dwelt, at private sale, in the manner and upon the terms mentioned in a paper
this day filed, and subscribed by sundry creditors of the said deceased5 and that the
said trustee having so made sale, report the same, Sec.

The trustee, on the 20th of February, 1790, in the form of a letter addressed to
the Chancellor, reported, that he had sold the home plantation to Henrietta M. Clay-
ton for £3 per acre; that he had had the tract surveyed and found it to contain
189i acres, and amounted to £567 7s. 6d.—which sale was on the 26th of April
following, ratified and confirmed; after which, the case was submitted for further
directions.

28th March, 1796.—HANSON, Chancellor.—Ordered, that the Chancellor, on the

first Tuesday in June, will proceed to decide on each of the following claims against

the estate of the said Clayton, viz: the claim of Cornelia Sewell, Esther Hindman,

Henrietta Bracco, and James Earle; provided, respectively, that a copy of this order

be served on the claimant at any time before the fifteenth day of May next.

(a) Tyndale v. Warre, 4 Cond. Cha. Rep. 100.