672 ANDREWS v. SCOTTON.

After which, no cause having been shewn, the sale as made
and reported by the trustee Boyle, was, on the 29th of June, 1829,
finally ratified and confirmed. And some time after, a motion was
made to adjust the commission on the sale of the 28th of August,
1822, as between the late and the present trustee.

28th May, 1830.—BLAND, Chancellor.—Ordered, that a com-
mission be allowed on the sale, ratified by the order of the 17th
April, 1823, according to the rule of the court; two-thirds thereof
to be awarded to the late trustee; and the residue to the present
trustee.

The auditor on the 22d of July, 1830, filed a report, in which
he says, that he had stated an account between the estate of Ste-
phen Scotton, and the late trustee Foulke, in which he had applied
the proceeds of the sale of the 28th of August, 1822, as of that day
to the payment of the trustee's commission, costs of suit, and the
claim of the complainants; leaving a balance of $427 24 unap-
propriated. The original decree provides, that the said estate
shall be sold for the payment of the claim of the complainants,
and such other debts as shall be established to the Chancellor's
satisfaction. But no notice has been given to creditors to produce
their claims, nor has any other claim been filed.

22d July, 1830.—BLAND, Chancellor.—On referring to the order
of the first of March, 1827, it will be seen why it is deemed unne-
cessary now to give notice to the creditors of Stephen Scotton,
deceased, to bring in their claims, as suggested by the auditor.
As this report of the auditor relates exclusively to the application
of the proceeds of the first sale, the balance therein spoken of, must
remain unappropriated until further order.

Ordered, that the aforegoing report and statement of the auditor,
be, and the same are hereby ratified and confirmed; and the trustee
is directed to apply the proceeds accordingly, with a due propor-
tion of interest, that has been or may be received; reserving the
unappropriated balance until further order.

See this case as Anderson v. Foulke, 2 H. & G. 346.