612 ADDISON v. BOWIE.

and taken the depositions of witnesses, and among others, the
depositions of the defendants William D. Bowie and John Contee,
who, by an order passed on the 14th of January, 1830, were allowed
to be examined, subject to all just exceptions.

The auditor further says, that he had examined the proceedings,
and supposes, that the real estate which was devised by Baruck
Duckett to William Bowie, of Water, and which he devised to
his children, Walter and Kitty, is to be treated as parcel of 'all
the property' devised by the testator William, to be kept together
and worked by the family slaves, until Walter's arrival at age, for
the support of the family. He also supposes, that the negroes
devised by the testator Baruck, to the younger children of the tes-
tator William, to vest on their arrival at age; and which are now
retained by the executors of the testator William, as the shares of
the infants Walter and Kilty, are to be treated as part of the estate
of the testator William, until their arrival at age; and their profits
until that period, are to be accounted for as parcel of said estate.
Assuming these positions, the auditor has stated an account be-
tween the executors of William, and his estate, in which they are
charged with the balance of the personal estate in their hands, at
the date of their last administration account, and with the appraised
values of the aforesaid land and negroes to the first day of January
last; and are allowed ten per cent, commission on the amount of
the inventory of the personal estate returned by them; and the
additional property and profits accounted for by them, and five
per cent, commission on the amount of debts collected; from
which account, there appears in the hands of the executors, a
balance of $12,223 48; consisting in the whole, or for the greater
part, of specifics. The executor William D. Bowie, in his depo-
sition, estimates the amount of the outstanding debts at $9,000.
But no claim, except that of the plaintiff's, which is stated and
returned herewith, has been exhibited; nor have the creditors
been notified to produce their claims. The auditor, is therefore,
unable to make any appropriation of the balance in the hands of
the executors.

The auditor further reports, that by the last will of the testator
William, 'all the property' is devised to be kept together and
worked, until his son Walter's arrival at age, for the support of
the family; and the net profits, after payment of the testator's
debts, are to be divided amongst his children, Eliza, Walter, Kitty
and Richard. And after several specific legacies, 'all the residue'