DEAKINS' CASE. 399

Francis Deakins, for the payment of his debts; that Francis Dea-
kins had died, leaving the trust reposed in him unexecuted; that
of administration, de bonis non with the will annexed, had
been granted to John Hoye; and that the petitioner was a creditor
of the testator to a large amount, as appeared by a short copy of a
judgment then exhibited. Whereupon he prayed, that another
trustee might be appointed, according to the provisions of the act of
assembly, (a) who should be directed to make sale of the property
devised, for the payment of the debts of the deceased.

The will of the late William Deakins, so far as it concerns this
case, is in these words. 'I give and bequeath to my wife Jane,
and her heirs forever, the three lots upon which we now dwell, in
Georgetown, together with all the houses, buildings, improvements
and appurtenances thereupon being, and thereunto belonging; also
that house and lot in Georgetown, whereupon George Black now
lives. My tracts of land at or near the mouth of Senaca creek, in
the county of Montgomery, the one called Senaca landing, the
other called Fortune, supposed to contain upwards of one hundred
and fifty acres, be the same more or less. All which I give to my
said wife and her heirs forever.'

'I hereby give and devise the whole of my estate, both real and
personal, not herein before devised, to my brother Francis Deakins,
and his heirs forever; for the uses and purposes of this my will
herein after expressed. My will is, that all my just debts be paid,
in the first place, out of the property so devised as aforesaid to my
brother Francis; and in the manner of paying those debts my will
is, and I so direct, that all my bank engagements be first paid and
discharged, so as in the first place to exonerate and indemnify all
and every person whatsoever, who may in any manner be answer-
able for me, on account of their endorsements upon any paper, or
on account of any engagements they may have entered into for me
with any bank; and secondly, I do direct, that all debts due from
me, wherein others stand bound for me as securities, or as endorsers,
or in any other way, be paid off and discharged, so as to exonerate
and indemnify any and every person whatsoever, who stands in
any manner bound for me; and lastly, that all other just debts due
from me, be paid off and discharged as soon as can be, to
enable my executor herein after named, to fulfil this my will, I do
hereby authorize and empower him to sell all or any part of my

(a) 1785, ch. 72, s. 4.