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TESSIER v. WYSE. 33
claim upon the testator, for which his then administratrix Rachel
Wyse and this defendant were to give their bond for the amount
thereof, including principal and interest up to that time; which
note was accordingly delivered, assignment made, and bond given
by them and received by the plaintiff Tessier, in full satisfaction of
his claim against the estate of the testator; and that the plaintiff
Tessier never received the assignment of the account and claim of
S. Smith & Buchanan, with a view of demanding payment of the
estate of the testator; and that the said account and claim, with a
receipt thereon, was in the possession of this defendant, but has
been mislaid by him and cannot now be found. This defendant
admits, that suits were brought and judgments obtained on the
bond, as stated.
The defendant William A. Wyse filed his answer on the 26th of
April, 1826, in which he admits, that the late William Wyse made
his will; that after his death, administration was granted, &c. as
stated in the bill. This defendant also admits, that the testator
was indebted to S. Smith & Buchanan; but puts the plaintiff to
the proof of the account: He, however, expressly denies, that
the claim of S. Smith & Buchanan, was by them assigned to the
plaintiff Tessier, or that he now has, or ever had any such claim as
the real estate which descended to this defendant from the testator,
can legally or equitably be chargeable with; nor have S. Smith &
Buchanan now any claim, legal or equitable, against the said real
estate. This defendant admits, that a part of the real estate of
the deceased was sold under a decree of this court, and the pro-
ceeds thereof applied to the maintenance and education of his
children.
To these answers the plaintiffs put in a general replication;
upon which commissions were issued, under which proofs were
taken and returned. From the testimony it appears that William
Wyse made his will, and died seised of real estate, consisting of
houses, and a wharf in the city of Baltimore, and of a farm in
Baltimore county; and possessed of a considerable amount of per-
sonal property, leaving a widow and children, as stated and named
in the bill; that administration with his will annexed was granted
to his widow Rachel Wyse, who on the 23d of July, 1814, re-
turned an inventory of his personal estate, consisting of negro
slaves, cattle, fanning utensils, household furniture, merchandise,
and other articles, amounting to $6,735 25; and by her first ac-
count, passed on the 29th of June, 1816, she admitted, she had
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