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COOMBS v. JORDAN. 287
this case having died, Mr. Jeremiah Booth, the purchaser of the
property, is authorized to pay off the claim of Victoria Vincendiere,
as stated in this account, in part of the purchase money for the
property purchased of the trustee.
On the 5th of July, 1825, Ann Jordan, by her petition, stated,
that there was still due to her and her brother, as the heirs of the
intestate, a large amount of the proceeds of the sale of his real
estate; that certain bonds which had been given by the purchaser
for the payment of the purchase money had been withdrawn from
this court and were not then paid; that the trustee James Cook
Was dead, and administration upon his personal estate had been
granted to Henry G. Garner; that the purchaser Jeremiah Booth
also was dead, leaving an only child, a daughter, his heir, who had
since married John Llewellin, who was the administrator on the
said Booth's personal estate; and that the purchase money had not
been paid. Whereupon she prayed for relief, &c.
5th July, 1825.—BLAND, Chancellor.—Ordered, that Henry G.
Garner, the administrator of James Cook, deceased, on or before the
15th day of August next, bring into court the bonds, taken by his
intestate, for the purchase money; and account for all moneys
which may have been received by his intestate as trustee, or which
may have come to his hands; or shew cause. And it is further
Ordered, that John Llewellin and Mary his wife, upon oath, answer
and say how much of the purchase money remained unpaid in the
life-time of the said Jeremiah Booth, and how much yet remains
unpaid; and that they bring into court that which is still due on or
before the 15th day of August next; or shew cause. Provided
that a copy of this order, together with a copy of the said petition,
be served on the said Garner, and on Llewellin and wife on or be-
fore the 20th instant.
To this order Garner made answer on oath, as required, by re-
turning two of the bonds given by the purchaser which had not
been paid \ and by filing a copy of an account taken from his in-
testate's books shewing a balance of $11 69 due to him as trustee.
After which the defendants Jinn Jordan and Richard Jordan by
their petition stated, that the two bonds given by the purchaser,
and lately brought into court, still remained unpaid; that the pur-
chaser Jeremiah Booth, deceased, had not left personal estate suffi-
cient to pay the said debt; and that there was then no trustee to
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