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31 TESSIER v. WYSE.
ward, Nicholas H., Matilda and Francis O. Wyse, his children and
heirs at law; that this his will was proved according to law on the
12th of April, 1814, and administration with the said will annexed
was thereupon granted to his widow Rachel Wyse, who took pos-
session of his personal estate accordingly; and, by her first ac-
count, passed on the 29th of June, 1816, shewed a balance of
assets then in her hands of $5,712 34, and that the testator's
widow and son John M. Wyse, filed a petition in this court, ad-
mitting the claim of the plaintiffs S. Smith & Buchanan, and pray-
ing for the sale of the real estate as mentioned in the will. Upon
which, on the first of October, 1816, it was decreed accordingly,
that the lands be sold; but that the decree still remained unexe-
cuted. The bill further states, that the plaintiffs S. Smith &
Buchanan, being indebted unto the plaintiff Tessier, in the sum of
$4,500, on the 22d of January, 1820, assigned to him, in part
satisfaction thereof, their claim upon the estate of William Wyse,
deceased, which then remained wholly unpaid; and which claim,
although passed by the Orphans Court, the administratrix being
then unable to pay, she, on the same day, gave her bond, with the
defendant John M. Wyse as her surety, to the plaintiff Tessier, for
the payment of $4,325, with interest thereon, in one year from that
time, that being the amount of both principal and interest of said
claim then due; for which bond the plaintiff gave a receipt; but
the said bond was accepted by the plaintiff Tessier, as an indul-
gence and benefit to the representatives of the testator, it being
expressly understood and agreed by the parties, that the said obli-
gation should not, in any way, invalidate or destroy the plaintiff
Tessier's claim against the estate of the testator; that the bond
not being paid when it became due, the plaintiff Tessier brought
suits upon it j and at March term, 1822, of Baltimore County
Court, the administratrix Rachel Wyse, and this defendant John M.
Wyse, confessed judgments, but the bond, from which alone the
precise sum due could be ascertained, having been lost, the defi-
nite amounts were never entered up, and those judgments there-
fore still remain altogether inoperative. The bill further states,
that on the 16th of May, 1822, the defendant William A, Wyse,
being indebted unto the defendant Riston, in the sum of $2,000,
the said Rachel Wyse, with the defendants John M. Wyse, William
A. Wyse, and Eliza Wyse, mortgaged their respective interests in
the real and personal estate of the testator to secure the payment
of the same to the defendant Riston; that afterwards Rachel Wyse
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