364 HAMMOND v. HAMMOND.

otherwise, subject to the restrictions of the act of assembly, (n)
in those quarters where creditors and next of kin are most likely
to be found, calling on them to come in and file the vouchers of
their claims in the chancery office, usually within four months from
the day appointed for the sale of the real estate. And when that
time has expired, it being considered that the best possible means
have been taken to ascertain the parties really entitled, the auditor
is then, and not before, allowed or directed to make a statement
and distribution of that amount of the personalty, if any; and of
the proceeds of the sale of the realty, after the sale has been finally
ratified, among the claimants. It is, however, obvious, that the
parties really entitled may never have seen or heard of the adver-
tisements, or of the suit; and, therefore, it would be the height of
injustice, that the proceedings of the court, wisely adopted with a
view to general convenience, should have the effect of conclusively
applying the fund unequally and wrongfully; or of transferring
the property of the true owner to one who had no right to it.
And, therefore, the court will, at any time before it has actually
parted with the fund, upon the application of a claimant, let him
in, and send the case again to the auditor, to have the distribution
recast at his expense; except, indeed, as to small claims, which
can be satisfied out of the accruing interest of the purchase money
of the real estate which had been sold, without incurring the
expense of a re-statement, (o)

If, however, a part only of the fund remains in court, such part
will be charged with no more than its due proportion, leaving the

(n) 1826, ch. 178.—(o) Giffard v. Hort, 1 Scho. and Left. 409; Lashley v. Hogg,
11 Ves. 602; Angell v. Haddon, 1 Mad. Rep. 529; David v. Frowd, 7 Cond. Cha.
Rep. 8.

FRAZER HONYWOOD, by his will, gave £20,000, upon trust, to be distributed among
such of his relations by consanguinity, who should not each be worth more than
£2,000; and who should, within two years after his death, apply to participate in
the donation. And, that they might be apprised of it, directed that notice should
be given by advertisement in the London Gazette, and such other newspapers as his
executors should think proper, once a month, for two years after his death. The
testator died on the 28th of January, 1764; and the executors having advertised, as
directed, applications were made within the two years by four hundred and fifty-six
persons who resided in different parts of the world, to wit: England, Scotland,
Ireland, Spain, Portugal, Antigua, Jamaica, and South Carolina. After which, the
case was heard, and a distribution made accordingly. Bennett v. Honywood, Amb.
708. There have been several creditors' suits in this court, within the last ten
years, in which, on a notice of only four months, more than one hundred and fifty
creditors have come in under the decree. Simmons v. Tongue, post.