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528 POST v. MACKALL
considerable time might be required to collect his proofs and ex-
planations. And as there was already a large sum of money in
court, laying unproductive, the auditor had, therefore, thought it
best to report immediately, and therein assume, that the adminis-
trator was entitled to such an allowance, the right to which might
be suspended; so that if it should ultimately be determined against
him, a distribution of the amount might be made without disturb-
ing the accounts which were then reported. That he had accord-
ingly stated an account between the administrator de bonis non, and
the estate; and thereby corrected his former accounts agreeably to
the directions given. And after allowing the credits as ordered,
with some others proved by the vouchers lately filed, and the sum
of $1, 005; there appeared to be a balance in the hands of the
administrator of f 8, 184 71, as of the 26th of July, 1830, the day
of the first sales of the real estate. In all other respects the audi-
tor's statements conform substantially to the directions given.
It appears, that the gross amount of the sales of the real estate
were $16, 539 92; from which were deducted f 683 17, for com-
mission allowed to the trustees who made the sales, and $166 46
for costs; leaving a balance of $15, 681 29 as the neat proceeds
of the realty which, with the balance in the hands of the adminis-
trator, gave a sum total of $18, 866 to be distributed, in the man-
ner directed, among those of the forty creditors whose claims were
not altogether rejected. Four of those creditors, No. 4, 11, 35
and 36, including $1, 000 allowed to the widow as directed,
amounting to $7, 873 44, were, upon the principles laid down, en-
titled to a preference, and were awarded a full satisfaction accord-
ingly. The rest of the creditors who had established their claims
were allowed a due proportion of the balance of the estate, amount-
ing to $9, 992 56, according to the amount of their respective
claims as directed.
18th June, 1832. —BLAND, Chancellor. —Ordered, that the fore-
going report of the auditor be and the same is hereby ratified and
confirmed; and the said administrator and trustees are directed to
apply the assets and proceeds accordingly with a due proportion of
interest. But the final adjustment of the account of the adminis-
trator de bonis non, and the further extent of his liability are here-
by suspended for the reasons suggested by the auditor until further
order. _____________
After which the proceeds of the sales, as collected, were, from
time to time, brought into court, and distributed, with an allowance
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