WARING v. WARING. 673

WARING v. WARING.

This court may appoint a guardian for a female infant above eighteen and under
twenty-one years of age.—A sale of the realty to save the personalty can only be
made at the instance of one who has an interest in both estates; and without pre-
judice to creditors.—A widow may have dower out of the real estate so sold;
but not a distributive share also of the personalty so saved.—A suit for the sale
of the realty to save the personalty must be treated as a creditor's suit.

THIS bill was filed on the 20th of September, 1830, by John
Waring, against Henrietta M. Waring, Catherine H. Waring,
Susan Waring, Grace Waring, Eleanor Waring, Eliza Waring,
Richard M. Waring, Sally Waring, and Sarah C. Waring* The
bill states, that the plaintiff's father Henry Waring, died seized
and possessed of a large real and personal estate, and indebted to
an amount equal to the whole value of his personal property,
leaving a widow, the defendant Sarah C. Waring, and the other
parties his children and heirs at law; that the defendants Susan
and Grace, were between eighteen and twenty-one years of age;
and that the defendants Eleanor, Eliza, Richard, and Sally, were
minors under the age of eighteen years, for whom their mother,
the defendant Sarah C. Waring, had been appointed by the
Orphans Court, and then was their actual guardian. That the
late Henry Waring died seized of a tract of land called Mount
Pleasant, containing about six hundred acres, and a tract called
The Wedge, containing about three hundred acres, lying in Prince
George's county; and a tract of land called Schekles Chain, and
Lot No. 57, lying in Anne Arundel counly, containing about two
hundred acres. That a large proportion of the personal property
of the deceased had been sold for the payment of his debts; and
that if any more of it, especially negroes, should be sold, there
would not be enough left for the purpose of carrying on and work-
ing to advantage the real estate which had been left to descend to
the children and heirs at law of the deceased. Whereupon the
bill prayed, that the lands in Anne Arundel might be sold and the
proceeds applied to the payment of the debts of the deceased.

The plaintiff by his petition, without oath, stated, that the
defendants Susan and Grace Waring being infants, between the
ages of eighteen and twenty-one years, could not have an actual
guardian appointed for them by the Orphans Court Whereupon
he prayed that a guardian might be appointed for them by this court.

22d September, 1830.—BLAND, Chancellor.—Upon a careful