WATKINS v, WORTHINGTON. 511

5th May, 1828.—BLAND, Chancellor.—As this is a creditors
suit, in which it is evident, that there must be a sale of the real
estate of the deceased for the payment of his debts, it stands now,
according to the course of the court, ready for a decree to that
effect, without having been regularly set for hearing; and it has
been submitted accordingly, without argument or controversy of
any kind; except as to who shall be appointed trustee to make the
sale. The original plaintiffs recommend G. Wells, Jr. and the
petitioners, who have been admitted as co-plaintiffs, recommend
L. Gassaway. The petitioners have been permitted to come in
since the defendants had answered; the suit, therefore, as to such
petitioners has been, in effect, so instituted as not to call on the
defendants to answer as to a bill of complaint against them; and
consequently, as the validity of the petitioners' claims have not, as
yet in any way, been put in issue, the decree now about to be
passed for a sale cannot, in any respect determine, that they, like
those of the original plaintiffs, not having been contested, must be
taken to have been sufficiently established. Nevertheless, so far
as regards the appointment of a trustee, the recommendations of
such creditors may be allowed to have their due consideration, (a)
Here, however, the bank merely alleges, that it is a creditor of the
deceased to a very large amount, without saying how much; and
the petitioner Ridgely states his claim to be about $400. There-
fore, as the parties have given no reasons for their recommenda-
tions, the Chancellor must allow that of the original plaintiffs to
have the greatest weight, as they have at this time shewn the
largest specified amount of claims.

Decreed, That the real estate, whereof Beale M. Worthington
died seized, or possessed, or so much thereof as may be neces-
sary, be sold for the payment of his debts; that George Wells, Jr.
be appointed trustee, to make the sale, &c. &c.; which sale shall
be on a credit of four, eight, and twelve months from the day of
sale, with interest, &c. &c.; and that the trustee give notice to the
creditors of the deceased to file the vouchers of their claims within
four months from the day of sale.

After which, Elizabeth R. Worthington, by her petition, stated,
that she was the widow of the late Beale M. Worthington, and as
such, was entitled to dower in the real estate, of which he died

(a) Strike's Case, 1 Bland, 85,