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COOMBS v. JORDAN. 285
The infant defendants Richard and Ann, an the 10th of April,
1810, answering by their guardian ad litem, admitted the allega-
tions and matters set forth in the bill of complaint. And the
defendant Cook, by his answer, filed on the 28th of June, 1810,
admitted the truth of the allegations of the bill, and that the per-
sonal estate of the deceased was insufficient to pay his debts.
30TH June, 1810.—KILTY, Chancellor.—Decreed, that the pro-
perty in the proceedings mentioned be sold, that James Cook be,
and he is hereby appointed trustee for making the said sale, &c.,
the one-half of the purchase money to be paid in one year, and the
residue in three equal annual payments, with interest from the day
of sale, &c.
Under this decree, the trustee reported, that on the 24th day of
September, 1810, he sold, subject to the dower of his widow, the
real estate of the intestate to Jeremiah Booth, consisting of 397 1/2
acres of land, at $28 50 per acre; and an undivided half of a lot
of land whereon a warehouse stood, for $1,000; amounting alto-
gether to .£4,623 5s. 74d.; which sale, after the usual order nisi,
was, on the 17th of June, 1812, absolutely ratified and confirmed.
On the 30th of July, 1812, the auditor reported, that he had
stated sixteen claims of creditors, including that of the plaintiff as
No. 5, exhibited against the estate of the deceased Richard Jordan,
amounting to ,£1,720 12s. 2 1/2d., including interest thereon to the
day of sale, to some of which he stated objections; and that after
the payment of the trustee's commission and costs, and the full
amount of the claims, there remained a surplus of £619 16s. 2|d.
out of the money received by the trustee.
30th July, 1812.—KILTY, Chancellor.—Ordered, that the state-
ment of the claims reported by the auditor, which are not objected
to by him, be confirmed, and paid by the trustee with interest
thereon, in proportion as the same has been or may be received;
and that the commission be retained with interest in like manner;
and the costs paid to the sheriff, register, and auditor. The claims
No. 9, 14, 15, and the claim of James Thompson, to stand for
further proof. ____________
On the petition of James Dall & Co., their claim No, 10, was
restated by the auditor to rectify a mistake which had been made
to their prejudice. And on the 12th of January, 1813, the trustee
was directed to report what further proceeds of sale he had re-
ceived; and to pay away no part thereof until further order,
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