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NEALE v. HAGTHROP. 585
dences of their payment to be produced as a means whereby
Anthony Hook and his representatives may be protected against
those claims. Such evidence, in addition to any tiling that might
be said in the answer, is also necessary, because it constitutes am
affirmative part of that title set up by the representatives of John
Hook in opposition to the plaintiff's claim, and must therefore be
supported by indifferent testimony. All the claims of the enume
rated creditors, it is most likely, have been long since barred by the
statute of limitations; but, that is a protection which the law itself
gave to Anthony Hook; he is entitled, by the terms of his deed,
to be furnished by John Hook, with the evidence of their having
been satisfied, as the means of his protection in that form. This
answer, therefore, is not for these reasons also so responsive to the
bill as to afford the defendants an adequate defence. On advert-
ing to the proofs and exhibits, it appears, that John Moale's is the
only one of the specified claims, that has been satisfied; and none
other are to be allowed and paid.
I lay out of this case the testimony of Henry Burman, who, as
the husband of one of the distributees of Anthony Hook, has an
interest in establishing the facts to which he testifies, and is, there-
fore, an incompetent witness. All the other witnesses are compe-
tent. From the copy of the unexecuted bond, the declarations of
Bishop Carroll, and the other occurrences and proceeding^ in the
Orphans Court, found among the proofs, it appears to have been
perfectly well understood between Anthony Hook and John Hook,
during their lives, that John held as the trustee of Anthony, ac-
cording to the terms of the deed, (t) And it appears, that the
representatives of John Hook always admitted, that they held un-
der the deed; and yet, except the claim of John Moale, it does
not appear, that they ever undertook to shew, that any of the
claims of the enumerated creditors had been satisfied, It lay upon
John Hook and his representatives to shew, that those claims were
paid; they have not done so. And the truth is, therefore, that,
except Moale's claim, none of them have been satisfied*
The answer of Hagthrop and wife, after some preliminary
notices of several allegations in the bill, and those responses as to
the payment of the enumerated debts, passes on 40 a long history
of the sayings, actings and doings of sundry of the next of kin of
the late Anthony Hook, in relation to the ten acre lot; all of which
(i) Mildmay v. Mildmay, 1 Vern. 53.
74 v. 3
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