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214 WILLIAMS' CASE
part of the purchase money to be paid on the day of sale, or
on the day of the ratification thereof; and the residue in five equal
annual payments to be accounted from the day of sale; the whole
purchase money to bear interest from the day of sale, and to be
secured by bonds with surety to be approved by the trustee. And
the property may be sold entire, or in such parcels as the trustee
may deem most advantageous to the parties. If the trustee should
not be able to dispose of the same at auction, after having given
public notice, as directed by the decree, then he may make sale
thereof either at public or private sale, as he may deem most for
the interest of all concerned. And it is further Ordered, that so
much of the decree of the 24th of May last, as is in any manner
incompatible with this order, is hereby rescinded.
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After which the trustee reported, that in pursuance of the decree
he first advertised the estate called Ceresville, in newspapers in
Washington, Baltimore, and Fredericktown, for more than three
weeks before the 24th of July, 1828; and, on that day, on the
premises offered it to the highest bidder, reserving publicly one bid
to prevent a sacrifice; and there being no bid beyond forty dollars
per acre, which would have been a great sacrifice, the trustee was
unable to sell; and now holds the same for disposal in parcels, as
may suit purchasers, at private sale.
The trustee also reported the circumstances of the estate for di-
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deceased, one bond due on the 15th day of March, 1309, and one bond due March 15th,
1806, equally to Eliza Gassaway the daughter of John Gassaway, and to the guardian
of John Gassaway, Junior; Eliza to take in her own right, and the guardian of John
Gassaway, Junior, to take for Mm. But the Chancellor wishes, and proposes, that
the last bond be given up, and instead thereof, there be two bonds given, one for one-
half of the sum to Eliza Gassaway, and another for the other half unto the guardian
of John Gassaway, Junior.
It is declared that in case any sale shall be made on credit by direction of the
Chancellor under the authority of the act of 1785, ch. 72, s. 9, he may direct any
bond taken in consequence of such sale to be assigned to such mortgagee or creditor.
It would seem therefore, that the assignment of the bonds here directed could not, in
strictness, have been made under the authority of this act of Assembly; but as it
has been held, in bankruptcy, that where a distribution is directed to be made it
may be made in kind, as well as in money, so here, an assignment of the bonds, as
in this instance, may be entirely within the power of the court, and be regarded as,
in many respects, the most beneficial distribution which the devisees or claimants
could have. Hitchcock v. Sedgwick, 2 Vern. 158; Spurrier v. Spurrier, 1 Bland,
475; Coombs v. Jordan, post; Ex parte Boone, 2 Bland, 321; McMullin v. Burris,
2 Bland, 357.
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