526 WATKINS v. WORTHINGTON.

course of law; without requiring them to be brought into court;
and without calling on the creditors to file the vouchers of their
claims in the chancery office in order to have them passed upon
and sanctioned by the court, (d) This course of proceeding was
altered about forty years ago, and since that time the proceeds of
the sale of the real estate have been always ordered to be brought
in; and the creditors called before the court, that the rights of
each and the conflicting interests of all might be adjusted by the
court itself, and a distribution made among them accordingly.

Hence, it appears from a review of the course of proceeding in
this court on creditors' bills, under all the mutations and improve-
ments it has undergone, and from the legislative enactments in
relation to the subject, to have always been a settled general prin-
ciple, that the real assets were to be administered by the heir, or
by this court, in like manner as an executor was required to admi-
nister the personal assets. But there is no instance, where, in a
suit against an executor, either at law or in equity, the suing cre-
ditor has been told, that before he could be allowed to obtain a
judgment or decree for satisfaction, he must shew that the late

(d) Bond v. Bond, ante 353; Mildred v. Neill, ante 354.

DORSEY v. COOKE.—This bill, filed on the 24th of November, 1786, very briefly
states, that Ambrose Cooke died, indebted to the plaintiff, who brought suit and
recovered judgment against his executrix for his debt, when assets should come to
hand; that the executrix had paid away the whole of the personal estate of the
deceased, who left some real estate; and that the defendant was his heir, and a
minor. Upon which it was prayed, that the land might be sold for the payment of
the debts of the deceased. The defendant answering by his guardian ad litem, ad-
mitted the truth of the allegations of the bill.

16th October, 1789.—HANSON, Chancellor.—-Decreed, that the land be sold for the
payment of the just debts of the said Ambrose Cooke, deceased, in due course of
administration; that William H. Dorsey be the trustee, &c. to sell the said real
estate, or such part thereof, as may be necessary, for the purpose aforesaid; and the
manner of his proceeding shall be as follows : he shall first give three months notice
in the Baltimore and Georgetown newspapers, and by advertisements set up at the
most public places in the county, to the creditors of the said Ambrose Cooke, to
bring in to the said trustee their respective claims legally proved. And he shall
give six weeks notice in like manner, of the time, place and terms of sale, &c. that
the said trustee shall lodge in this court under his hand, with his affidavit of the
truth thereof annexed, a just and accurate account of the sales, specifying to whom
made, with the time and price; and specifying also, his disbursements, payments
and applications of the money; and the said trustee shall apply of the produce of the
sale, such part as may be necessary to the discharge of the just claims of the credi-
tors of the said Ambrose Cooke, in due course of administration, after deducting
thence all the legal costs of this suit, and his just expenses, and commission of five
per cent, allowed hereby to himself, &c.—Chancery Proceedings, lib. S. H. H. lett.
B. fol. 744,