140 GIBBON'S CASE.

There are many civil offices which, according to the common
law, a woman is incompetent to fill, such as those of judges, jus-
county, gentleman. And I do further direct, that such part of the consideration
money as shall be due and owing to the said Alexander Lawson, for the aforesaid
premises at the time of my decease, shall be paid equally, share and share alike, by
my said two sons, their heirs, executors, or administrators."

The bill further states, that after the death of the testator these devisees took pos-
session of the estate so devised to them; but having failed to pay the purchase
money, Lawson brought suit against the plaintiffs, as executors, and obtained judg-
ment against them, and had issued execution thereon; that Samuel Dorsey, one of the
devisees, died some time in the year 1777, intestate, greatly involved in debt, without
having paid any part of the debt due to Lawson, and leaving the defendant, his heir
at law, then a minor, about two years of age; that letters of administration on the
estate of Samuel had been granted to his widow, who had paid debts due by him, to
an amount greater than his whole personal estate; that the portion of the debt due
to Lawson for which the devisee, Edward Dorsey, was liable, had been in part paid,
and that there remained due of that debt from the estate of the intestate Samuel, the
sum of one thousand five hundred pounds sterling money with interest; for the pay-
ment of which his real estate, which had descended to the defendant, was liable.
Whereupon it was prayed, that so much of the real estate, which had descended,
might be sold as would be sufficient to satisfy the debt then due from the estate of the
intestate Samuel.

The exhibits filed with this bill were, the codicil to the will of the testator, Caleb
Dorsey; a short copy of the judgment obtained by Lawson against these plaintiffs;
and a certificate from the register of wills, that the personal estate of the intestate,
Samuel Dorsey, had been overpaid to the amount of £248 14s. 7d. The defendant
having been returned summoned, and appearing to be an infant, Edward Dorsey, son
of Caleb, was appointed his guardian to appear, answer, and defend this suit on his
behalf; who accepted of the guardianship ;* and put in an answer in his name in
which he admits the truth of the allegations of the bill, and states, that it would be
greatly for his benefit to have a part of his estate sold for the payment of the debt
for which it was so liable, (Pow. Mort 9l6, I Eq. Ca,. Mr. 287.) In additon to this
answer the guardian for himself says, " I, Edward Dorsey, son of Caleb, guardian
for Edward Dorsey, son of Samuel, the defendant in this case, do hereby consent,
that the lands mentioned in the aforesaid answer or such part thereof should be sold
under the decree of the Court of Chancery, as may be necessary and sufficient to pay
the debts due, which is contained in the answer aforesaid," (1773, eh. 7, s. 2.) Upon
all which the case was submitted.

4th November, 1784.—ROGERS, Chancellor.—Decreed, with the assent of the said
Edward Dorsey, son of Caleb, as guardian of the said Edward Dorsey, son of Samuel,
that he the |aid Edward Dorsey, son of Samuel, by his guardian aforesaid, do set up
and expose to sale at public vendue, the several parcels of land in the proceedings
mentioned, or such part thereof as may be sufficient to satisfy the complainants, &c.
after giving six weeks' notice thereof in the Annapolis and Baltimore newspapers, of
the time and place of such sale, and the same when sold, &c. the said Edward Dor-
sey, son of Samuel, do and shall effectually convey and assure to the purchaser or
purchasers thereof, their heirs and assigns, in fee, upon payment of the purchase
money to the said Edward Dorsey, son of Caleb, as guardian aforesaid; that the
guardian aforesaid shall, &c. satisfy the complainants, &c.; that the guardian afore-

* In most of the proceedings about this time, it is stated that the person appointed
"accepted of the guardianship."