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SIMMONS v. TONGUE. 343
his intestate as stated; that the plaintiff Owens was liable as en-
dorser for $1,500; and that the plaintiff Sellman was liable as
endorser for $1,000; but that he knew nothing of their being in
any other way liable as endorsers; that the plaintiff Sellman was
responsible for the sum of $3,806, as surety for his intestate on a
testamentary bond; and that the personal estate of his intestate
was insufficient for the payment of his debts.
The defendants Watkins and Ennis, on the 9th of October, 1826,
filed their separate answers, in which they admitted the truth of
what was set forth in the bill in relation to the sale made under
the decree of this court, by Watkins as trustee; they declared that
they had no knowledge of any other matter stated in the bill.
The infant defendants Elizabeth, Sarah and Thomas, put in their
answer by their guardian ad litem, on the 18th of October, 1826,
in which they admitted the allegations of the bill; and on the 6th
of November following, the other infant defendant Benjamin,
answered in like manner and to the same effect.
On the 18th of October, 1826, Ann the widow of Thomas
Tongue, filed her petition, in which she stated that in consequence
of the insolvent condition in which her husband died, she, with
her infant children, had been left in a very destitute situation; that
a very short time before the death of her husband, she had become
entitled, by the death of her father, to negroes and other personal
property, amounting in value to between three and four thousand
dollars; all of which had been since applied in satisfaction of
her husband's debts; that Robert Garner had agreed to serve as
trustee in this case for the sale of her husband's real estate, and to
give her the commission which might be allowed to him. Upon
which she prayed, that he might be appointed trustee, &c. With
this petition was filed the recommendation of Garner as trustee by
many of the creditors. And there were also filed recommenda-
tions from many other creditors, that the defendant Thomas I.
Hall should be appointed trustee.
1th November, 1826.—BLAND, Chancellor.—Decreed, that the
real estate of the late Thomas Tongue be sold for the payment
of his debts; that Robert Garner be appointed trustee to make
the sale, &c. that one-third of the purchase money be paid in
cash, one-third in six months, and the residue in twelve months
from the day of sale, with interest, &c. and that the trustee give
notice to the creditors of Thomas Tongue, deceased, to file the
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