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POST v. MACKALL. 527
satisfying those claims, then a complete distribution is to
be made among the claimants No. 6, 9, 10, 12, 13, 15, 18, 19, 20,
21, 23, 24, 26, 29, 34 and 37. Then a dividend is to be made of
the real and personal estate, among the claimants No. 1, 2, 3, 9,
10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27,
28, 29, 32, 33, 34 and 37, so as to put each of them upon an
equal footing, as nearly as practicable, with each other and all
other claimants, except the dower claim, and claims No. 4, 11, 35
and 36, and as if the claims No. 5, 6 and 8, were allowed to come
in among the divisors; and then the whole residue of the estate,
real and personal, is to be so distributed as to give claims No. 35 and
36 a preference for a full satisfaction against all, except claims No.
5, 6 and 8; and so as to apply the whole in satisfaction of the
several remaining claims, until they are all as fully and as equally
satisfied as may be, according to their respective rights. In mak-
ing this final arrangement and distribution of the funds, real and
personal, of this deceased debtor, the auditor is further directed to
reject claims No. 7, 30 and 31, together with all others, which do
not appear, at the time he makes his statement, to be fully and cor-
rectly authenticated according to the course of the court.
And it is further Ordered, that the exceptions to the auditor's
report of the accounts of the defendant Louis Mackall, as adminis-
trator de bonis non, be and the same are hereby sustained and
allowed; except as to the objections to the items in account A.
from No. 1 to No. 8 inclusive, which have been abandoned; Pro-
vided, that as regards the exceptions against the allowance for
$1, 005, it be shewn, that the whole value of the slaves mentioned
in the mortgage deed of the 12th of January, 1821, has been ap-
plied by the administrator in satisfaction of claim No. 5, otherwise
for so much only as has been so applied.
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In pursuance of this order, the auditor made, and on the 21st of
May, 1832, filed a report of a final account, distributing the whole
proceeds of the estate of the deceased among his creditors who
had come into this court; three of whom had filed the vouchers
of their claims since the passing of the order of the 14th of Feb-
ruary. The auditor in this report says, that the administrator de
bonis non had failed to produce the evidence which was required
to entitle him to the credit for $1, 005, mentioned in that order;
that the circumstances disclosed, induced the auditor to believe,
that the administrator might be entitled to the credit, though some
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