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496 POST v. MACKALL
for dower as widow of the late Benjamin Mackall. After which
the trustees reported, that they had, on the 15th of October, 1831,
sold all those parts of the real estate which had been assigned to
her for her dower; which sales were finally ratified on the 20th of
January, 1832.
10th November, 1831. —BLAND, Chancellor. —On motion it is
Ordered, that the report of the auditor, together with all the ex-
ceptions thereto; and also all the objections to the claims of the
creditors, stand for hearing on the 25th day of January next; and
that the parties and creditors be and they are hereby authorized to
take testimony in relation to the said report and claims of creditors
therein mentioned, before any justice of the peace, on giving three
days notice as usual; Provided, that the said testimony be taken
and filed in the Chancery Office, on or before the tenth day of
January next. But to avoid unnecessary delay and trouble; and
at the same time to ensure an effectual investigation of the merits
of each subject of litigation, it is to be understood, that the notice
of the taking of testimony required to be given, must be to the
creditor against whose claim the testimony proposed to be taken
is to be directed; and if the testimony is proposed to be taken by
a creditor in support of his claim, then he must give notice to the
defendants in the case or their solicitor; or to two or more credi-
tors or their solicitors.
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The auditor, on the 24th of January, 1832, made a further
report, in which he says, that he had examined four additional
claims, lately filed in this case, and stated them as No. 34, 35, 36
and 37; that the claim No. 34, is a single bill of the administrator
de bonis non, of the deceased; and is therefore admitted as against
the personal estate; that the claim No. 37 is on a bond executed
by Edmund Key, Aquila Beall, and the deceased, with a condi-
tion, that Key should prosecute an appeal from a judgment reco-
vered against him by the obligees. A short copy of a judgment
against the administrator de bonis non, on this bond, is also filed,
which proves the claim as against the personal estate. But, in
order to prove it as against the real estate, the auditor thinks some
evidence must be offered as to the determination of the appeal;
and that only one-half of the claim ought to be allowed, unless it
is proved, that Aquila Beall is insolvent.
After which the plaintiffs, on the 25th of January, 1832, filed
the following additional exceptions, in which they insist upon their
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