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60 TESSIER v. WYSE.
Decreed, that the red estate in the proceedings mentioned,
whereof the late William Wyse died seised, be sold for the pay-
ment of his debts; that John Scott be appointed trustee to make
the sale, &c., the terms of which shall be as follows: One-third of
the purchase money to be paid in six months from the day of sale,
one other third in nine months from the day of sale, and the resi-
due in twelve months from the day of sale, the whole to bear inte-
rest from the day of sale, and to be secured by bond with surety
to be approved by the trustee, &c. And the trustee, at the time of
advertising the property for sale, shall give notice to the creditors
of the said late William Wyse, to file the vouchers of their claims
in the Chancery office, within four months from the day of sale.
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The plaintiff Tessier, by his petition on oath, stated, that the
defendants before and since the passing of the decree, and then
were felling, carrying away and selling timber and other trees
from the land of which William Wyse died seised, and which had
been ordered to be sold by the decree; and that the whole of the
real estate of the deceased would be insufficient to pay the plain-
tiff's claim. Whereupon it was prayed, that an injunction might
be issued to restrain the defendant from committing waste, &c.
1th October, 1830.—BLAND, Chancellor.—It has always been
understood here, that such a decree as this on a creditor's suit re-
quiring the personal representative to account, and directing the
real and personal estate to be sold for the payment of the debts of
the deceased, virtually puts the property into the possession of the
court, and places it under its immediate control and protection
fox the benefit of all concerned; so that, on application for that
purpose, the estate may, until a sale can be effected, be disposed
of to the best advantage, or immediately protected from injury and
loss, (d) Therefore let an injunction issue as prayed.
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The defendant Matilda Wyse, by her petition, on oath, stated,
that she did not attain the age of twenty-one years until the 16th
of June, 1830, and believes, from the information she has received
that she can be enabled to produce testimony which would have
an important bearing on the merits of the plaintiff's claim, and
tend to prove that he had no such claim as entitled him either
legally or equitably to have a sale of the real estate of the de-
(d) Shewen v. Vanderhorst, 4 Cond. Cha. Rep. 461; Duvall v. Waters, 1 Bland,
76.
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