400 DEAKINS' CASE.

estate herein before devised to him, for cash or upon credit as he
shall think proper, without being in any manner responsible for any
insolvencies or losses which may happen upon such his sales.
Item, at the expiration of seven years after my death, that the pro-
perty so devised as herein before mentioned to my brother Francis,
be divided among my brothers as follows: after all my debts are
paid; first, on account of the great trouble which he will have in
the execution of this my will; I give to my brother Francis Dea-
Ains, and his heirs for ever, one-half of the said estate; the residue
I devise to my brothers Leonard Marbury Deakins and Paul Hoye,
and their heirs forever, equally to be divided between them as ten-
ants in common, and not as joint tenants. And lastly, I hereby
constitute and appoint my said brother Francis Deakins, whole and
sole executor of this my last will and testament, hereby revoking
all others. Given under my hand and seal, this 2d March, 1798.'

This will was proved before the Orphans Court, of Montgomery
county, on the 12th of March, 1798.

26th September, 1817.—KILTY, Chancellor.—This petition with
the exhibits, has been before me for some time. I was under the
impression, that a sale had heretofore been decreed or made under
some authority, but I do not find that it has been the case. A
great many years have elapsed since the death of W. Deakins.
The complainant might have proceeded under another part of the
act of 1785; nevertheless he may have a right to proceed under
the fourth section; but an affidavit will be required, that no part
has been received from W. Deakins, or F. Deakins, or J. Hoye,
the present administrator, who may have assets, for which purpose
exhibit C may be withdrawn. And if the decree is passed, it will
be for the sale of only a part of the real estate.

On the 15th of October, 1817, the petitioner Thomas filed his
affidavit, in which he averred that he had not received any part of
the money mentioned in the judgment he had recovered against
Hoye, the administrator de bonis non, from John Hoye, W. Deakins,
F. Deakins, or any other person, and that the money was then due
and owing to him.

October, 1817.—KILTY, Chancellor.—No other creditors
having applied, it is unnecessary to sell the whole of the real estate;
and it is to be understood, that no more is to be sold than will pay
the complainant's debt with interest and costs, and the costs of this
suit, and commissions and expenses as near as it can be effected.