436 DORSET v. HAMMOND.—1 BLAND.
BLANC, C., 9th June, 1828.—Decreed, that in obedience to the
order of the Court of Appeals for the Eastern Shore of Maryland,
filed in this case on the sixth instant, the said sum of $1,451.38,
mentioned in the bill of complaint, be paid by the said Edward
Brown to John B. Eccleston, the trustee hereinafter named; which
money having been declared by the said order to be a part of the
real estate of Jesse Jones, deceased, when received by the said
trustee he shall bring into this Court to be applied under the
Chancellor's direction, after deducting the costs of this suit, and
such commission to the trustee as the Chancellor shall think proper
to allow in consideration of the skill, attention, and fidelity where-
with he shall appear to have discharged his trust; that before the
said trustee shall be entitled to receive the said sum of money, he
shall file with the register of this Court the bond hereinafter men-
tioned; that provided the said sum of money shall be paid by the
said Edward Brown on or before the first day of January next, no
interest thereon shall be demanded; but if not then paid he shall
from that time be required to pay interest on the same.
It is further decreed, that the lands in the proceedings men-
tioned be sold, that John B. Ecclestou be appointed trustee to
make the sale, &c., &c.; and that the trustee at the time of ad-
vertising the said property for sale, give notice to the creditors of
the said Jesse Jones to file the vouchers of their claims in the
Chancery office, within four months from the day of sale.
After which the trustee made sale of the real estate, which was
ratified on the 13th of April, 1829, and having received the surplus
from the defendant Brown, and given notice to the creditors, who
came in; the whole estate was finally distributed; after allowing
to the two widows each a portion of the proceeds of the sale of the
realty sold by the trustee in lieu of their dower.
463 * DOESEY v. HAMMOND.
AUDITORS.—CREDITORS' SUIT.
The auditor is a ministerial officer of the Court. The general character and
nature of his duties. His fees being a part of the costs, the payment of
them may be enforced, in a summary way, like costs. Statements may
be made by the auditor for the parties with or without the directions of
the Chancellor, (a)
The mode in which creditors are made to contribute to a creditors' suit.
In a creditors' suit the proceeds of the realty are to be distributed in the
same order among creditors in which the personalty is to be distributed
(a) Cited in Trustees v. Heise, 44 Md. 465. See Townshend v. Duncan, 2
Bland, 45.
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