WARING v. WARING. 677

They must be notified, as far as practicable, of this proceeding,
and allowed to bring in their claims; and, upon establishing them,
to obtain satisfaction. For, as the avowed object of this suit is to
save the personalty from their grasp, by paying them, it must be
considered as in effect, a creditor's suit, instituted for their satis-
faction; so, that the interests of these parties may be thereby pro-
moted; and therefore, no marshalling of the assets, thus liable to
the claims of creditors, can be made in any manner whatever,
to their prejudice, however advantageous it may be to these
parties.

The proceeds of the sale about to be ordered, might, if it could
be done with proper security, be placed in the hands of the admi-
nistrator of the deceased, to meet, in due course of administration,
the demands upon that personal property in his hands, which they
are intended to relieve and save from the claims of creditors. But
an administrator or executor only gives bond for the faithful
administration of the personalty, as left by the deceased, which
may come to his hands, and nothing else; and therefore, that bond
could not be considered as a security for any proceeds of the sale
of the realty which this court might direct to be placed in his
hands, (k) And as this court could not demand any additional
security from the administrator of the deceased, even if he were a
party to this suit, it must itself call in the creditors of the deceased,
and distribute the proceeds of sale among them as usual, in a cre-
ditor's suit originally instituted by a creditor in behalf of himself
and all other creditors.

Decreed, that the tracts of land lying in Anne Arundel county,
called Schekle's Chance, and Lot No, 57, whereof Henry Waring
died seized, be sold, and that Thomas F. Bowie be, and he is
hereby appointed trustee to make the said sale, &c. &c.; to sell the
said land and premises at public sale to the highest bidder on a
credit of six months, the purchaser to give bond with surety to be
approved by the trustee for the payment of the purchase money,
with interest from the day of sale, &c. &c. And the said trustee
shall, at the time of advertising the said property for sale, give
notice to the creditors of Henry Waring, deceased, to file the

(k) 1831, ch. 315, s. 10 and 11—as to sales of real estate by an executor, autho-
rized to sell by his testator; and that the bond of an executor or guardian shall be
answerable for the proceeds of the sales of the real estate of the testator or ward,
which may come into his possession.
86 v.2