356 HAMMOND v. HAMMOND.

count must be taken of the personalty; and the creditors must be
notified to file the vouchers of their claims, so that that fact may be

debts; and that his real estate descended to the defendant, his infant son
Whereupon it was prayed, that the real estate might be sold for the paymentHf the
debts of the deceased, according to the directions of the act of assembly, in such case
made and provided.

Jacob Staley was appointed guardian to the infant defendant, who by his answer
admitted the facts stated in the bill.

29th April, 1788.—ROGERS, Chancellor.—This case standing ready for decision,
and the bill, answer, and other proceedings appearing as before set forth. It is there-
upon Decreed, with the assent of Jacob Staley, as guardian of the said John Castle,
the minor, that the said Jacob Staley, and the said Jacob Staley is hereby appointed
trustee for that purpose, do set up and expose to sale, and sell at public vendue to the
highest bidder, upon the following terms, to wit: one-third part of the purchase money
to be paid at the expiration of six months from the sale, two other third parts thereof
to be paid at the expiration of eighteen months from the said sale, the aforesaid part
of a tract of land called the Resurvey on Stoney Level, &c. &c., (as in the next pre-
ceding case.) ___________

EWING v. ENNALLS.—This creditor's petition, filed on the 9th of May, 1789,
by Ewing and others, against the executrix and heir of Thomas Ennalls, deceased,
states, that the plaintiffs had recovered judgments at law against the testator in his
life-time; who by his will appointed the defendant Ann his executrix, who qualified
as such, administered all the personal estate, and had not assets in hand to satisfy
their judgments: and that the deceased left real estate, which descended to Henry
Ennalls, his infant son and heir, which the plantiffs could not in any manner affect
by their said judgments, during the minority of the said infant heir, but by the aid
of this court. [Bac. Abr. tit. Infancy and Age, L. 1.] Whereupon it was prayed
that the land be sold, Etc.

The adult defendant put in her answer, and the infant defendant answered by his
guardian ad litem. They admitted the truth of the facts set forth in the plaintiffs'
petition; but alleged, that the said lands were subject to several claims for dower.

24th December 1789.—HANSON, Chancellor.—Decreed, that the lands be sold, or
so much thereof as shall be necessary to pay the debts herein mentioned, and the
expense and commission, &.C., subject to the right of dower of Ann Hodson, the
mother of Thomas Ennalls, deceased, in two hundred and seven acres of Fork Neck;
and the right of dower of the defendant Ann Ennalls, the widow of the said Thomas
Ennalls, in the said land, &c. And the trustee shall, out of the money arising from
such sale, pay and satisfy the plaintiffs, &c. their judgments, &c. And do and
shall lodge in this court with the register, the net proceeds of the residue of the
money arising from the said sale, when received, subject to future order. Chancery
Proceedings, lib. S. H. H. lett. C. fol. 583.

SPRIGG v. MAGRUDER.—This creditor's petition, filed on the 16th of May, 1789,
against the administrator and heir of the deceased debtor, stated, that the petitioner's
claims exceeded the amount of the inventory, of the personal estate of their deceased
debtor, Edward Magruder, who died intestate, leaving a considerable real estate,
which had descended to his infant daughter and heiress, the defendant Margaret S.
Magruder; whereupon it was prayed that the realty might be sold, &c.

The administrator, Robert Wade, by his answer, admitted the facts as stated; and
the infant defendant in her answer by her guardian ad litem, also admitted the truth
of the facts set forth in the petition.