WARING v. WARING. 675

a guardian for these minors, who are between the ages of eighteen
and twenty-one years, in order to enable all parties to obtain the
relief they seek, or which may be beneficial to them, (h)

Therefore it is Ordered, that Sarah C. Waring be, and she is
hereby appointed guardian of the said infant defendants Susan
Waring and Grace Waring, with full power and authority to defend
and protect the rights and interests of the said infants; and to
give any consent that may be deemed necessary and proper for
their advantage, in all respects whatever.

Immediately after which, the adult defendants, and the actual
guardian of all the infant defendants, appointed by this or by the
Orphans Court, put in their answers, and consented that the real
estate should be sold as prayed. Whereupon the case was sub-
mitted without argument.

27th September, 1830.—BLAND, Chancellor.—The general rule
is, that the personal estate is the natural fund, and must be first
applied to the payment of the debts of the deceased owner, unless
he had in some legal and clear manner expressed an intention,
that a different disposition should be made of his property, (i)
But the legislature has authorized the Court of Chancery to depart
from this rule, upon the application, and with the consent of those
to whom the realty has descended; and to decree a sale of it, in
order to save the personalty, (j) It is with a view to the exercise
of this authority, that this bill has been addressed to this court.
As regards the heirs, the next of kin, and the widow, who alone
are parties to this suit, it may be viewed merely as a proceeding to
have the assets marshalled for their benefit But the object of
having them so marshalled is, so to shift the pressure of the bur-
then of the debts of the deceased, as to save the personalty for the
benefit of these next of kin, who are also the heirs of the deceased.
As no one can institute a suit without having some interest in it;
so, this is a kind of suit which can only be instituted by one, who
as heir, devisee or purchaser, has an interest in the real estate
proposed to be sold; and also, an interest in that personal estate
which it is proposed to have so saved; or, in other words, a party
to a suit of this kind, must have an interest in both the real and
the personal estate.

(A) Corrie's Case, ante 488.—(i) Tait v. Northwick, 4 Ves. 816; Hancox v.
Abbey, 11 Ves. 186.—(j) 1818, ch, 108, s. 8; 1819, ch. 188.