judgment at law repay to the surety the excess of the judgment over what it should have been after deducting the amount of the receipt with interest thereon from the date thereof, with interest on such excess from the date of the judgment.

WILLIAM Williamson died in 1765, seized and possessed of a farm containing two hundred and ninety acres, leaving a will, dated June 20th, 1764, by which, after bequeathing a legacy of £33 to his wife, he ordered that she should have command of his plantation, household goods, stock of creatures and farming utensils during her widowhood; and that when she should marry or die, the executors of his will should take into their possession all his lands and personal property and make sale thereof; and that out of the monies thence arising his executors should pay to his two daughters, Margaret Larue and Micha Williamson, £50 each; and that all the remainder should be equally divided among his sons, except that his son Abraham should have £100 more than either of his other sons; and appointed his sons Cornelius Williamson and Samuel Williamson executors of his will.

The testator left his widow and five sons, Cornelius, Samuel, John, William and Abraham, and his said two daughters.

Cornelius refused to prove the will; Samuel, on the 16th June, 1774, proved the will.

Samuel, on the 11th March, 1789, after advertising &c., exposed the said farm for sale at public vendue; and no person bidding what he thought a sufficient price, he requested his son, Cornelius Williamson, junior, to bid for the same; and he, accordingly, bid therefor 42 shillings per acre.

Samuel did not strike it off at that time; but postponed the sale on that bid; and gave notice that if any person would come forward and give more for the said lands, he would sell the same to the purchaser offering the best price; and that if no person offered a better price in a reasonable time he would sell the same for the sum so bid by the said Cornelius Williamson, junior, his son.

No person having offered a higher price, Samuel, on the 9th August, 1792, conveyed the said farm to his said son, for the said sum of forty-two shillings an acre so bid by him; and the said Cornelius, junior, on the next day, reconveyed the said

farm to the said Samuel. No consideration passed, nor any security for any consideration, on either conveyance.

Cornelius, son of the said testator, died in 1807, leaving a will, whereby, after making sundry other devises and bequests, he gave and devised the residue of his estate, real and personal, to his children, William, Cornelius, Asher, Joseph, Bernice wife of Jacob Hoppock, Patience Williamson and Micha Williamson; and appointed his sons, William, Cornelius and Asher, executors of his will; and left his said children mentioned in his will all living.

On the 20th December, 1809, the children of Cornelius exhibited their bill in chancery, setting forth, &c. &c.; and praying that the deed upon the said sale made by the said Samuel Williamson, as executor of the will of the testator, William Williamson, the elder, might be declared void; that the power of sale under the said will might be executed under the sanction and decree of the court of chancery, and the money thence arising be brought into court and distributed according to the said will; and that the said Samuel might account with the said complainants for the rents, issues and profits of the farm, and pay to the complainants their proportion, &c.

On the 10th July, 1810, the said Samuel filed his answer to the said bill.

A replication was filed and witnesses were examined.

On the 21st September, 1811, Joseph Bloomfield, Chancellor, made an interlocutory decree in the said cause, by which, among other things, he ordered, adjudged and decreed,

1. That the said pretended sale by the said Samuel Williamson to the said Cornelius Williamson, junior, be, and the same is thereby declared to be void, fraudulent and of no effect.

2. That the deeds of August 9th, 1792, from the said Samuel Williamson to his son Cornelius Williamson, junior, and from the said Cornelius Williamson, junior, to the said Samuel are, and the same are thereby declared void and fraudulent, and are altogether set aside and vacated.

3. That the said Samuel Williamson, executor of William Williamson, deceased, execute the trust reposed in him, by the sale of the real estate of the said testator. And, forasmuch as the said Samuel Williamson has been guilty of fraud

in the premises, it is ordered that he make the sale under the direction of James Linn, esquire, one of the masters of the court, who is hereby authorized to direct the said Samuel Williamson in all matters in relation to the advertising and selling the said premises, and the conditions on which the sale shall be made, to the best advantage of those concerned; and that the said master make report to the court when the sale shall have been made; and that the monies arising therefrom, or the securities taken for the same, be brought into court.

4. That it be also referred to the said master to take an account of the rents, issues and profits of the said real estate from the time the said Samuel Williamson has had possession there,of, to wit, the 11th of March, 1789, until the time of the taking of the said account; and also of substantial and permanent improvements made by the said Samuel Williamson thereon; and that the master make report &c. And all further questions and equity arising in the cause are reserved until the coming in of the master's report; particularly the questions of costs and the distribution of the proceeds.

In pursuance of the said decree, the master, on or about the 24th October, 1812, reported to the court, among other things, that the rents from the time the said Samuel Williamson had had possession, twenty-three years, amounted to $2760; and that $505 should be credited for improvements put on the farm by the said Samuel.

Exceptions having been taken to the said report, and submitted to the court, Aaron Ogden, Chancellor, in March, 1813, made an order confirming the said report.

In pursuance of the said interlocutory decree made on the 21st September, 1811, the said Samuel Williamson, as executor of the will of the said William Williamson, deceased, sold the said farm, under the direction of the said master, for $7923 31; and the monies thence arising, or the securities taken therefor, being brought into court, the said cause again came on to be heard before Chancellor Ogden, in September, 1813, upon the equity reserved and all questions thereon; and on the 22d October, 1813, it was by the said Chancellor ordered, adjudged and decreed, that James Linn, esquire, the clerk of the court, should, without any further account, pay, from the

monies in his hands arising from the sale of the said premises, to the executors or personal representatives of the said Cornelius Williamson, deceased, the one fifth of the sum $10,178 21, being the amount of the proceeds of the said sale and net rents of the said premises, after making the following deductions and allowances, to wit:

From the whole proceeds of said sales and net rents,

Deduct, 1st, £100 devised by the testator, William Williamson, deceased, to his two daughters; £100 devised by the said testator to his son Abraham, with interest from 1792 to 1812, being 20 years; all which amount to

2d, The account of James Linn, esq., for superintending the making the sales aforesaid,

$1280 00

$10,178 21

$173 80

$1,453 80

$8,724 41

Divide the remaining sum by five, which will give the one fifth part, or share of the said Cornelius Williamson, deceased, amounting to

3d, From which deduct the proportion of the said Cornelius Williamson, deceased, of the sale first made by the said Samuel Williamson, which proportion he must be presumed to have paid, according to his answer, or settled in some other way, after a lapse of 20 years; which, with 20 years' interest amounts to Net amount due to the personal representatives of Cornelius Williamson,

$1744 83

$523 33

$1221 55

Which sum of $1221 55 was ordered, adjudged and decreed to be paid by the said James Linn, out of the monies in his hands as aforesaid, to the executors or personal representatives of the said Cornelius Williamson, deceased, as assets of his esAnd it was further ordered that the said James Linn de pay, from the monies in his hands as aforesaid, the costs of the said complainants to be taxed; and that he be allowed to retain in his hands $173 80 for his charges in superintending the said sales.

tate.

And it was further ordered, adjudged and decreed, that the said James Linn do pay over to the said defendant, Samuel Williamson, executor as aforesaid, the residue of the monies arising from the said sales, upon security to be given by bond to the Governor and Chancellor of the state for the time being, in the penal sum of $5000, conditioned for the faithful performance of the trust reposed in him by the will of the said testator, William Williamson, deceased, to be signed by him and one surety to be approved by the said James Linn, who should make report of his doings therein and file the said bond on the files of the court.

On a petition for a rehearing in the said cause, a rehearing was ordered; and the cause came on to be reheard on the 1st June, 1814; and, on the 11th of that month it was, by William S. Pennington, Chancellor, ordered, adjudged and decreed, among other things, that the decree made by the late Chancelfor, on the hearing of the said cause on the equity reserved, on the 22d of October, 1813, be altered, amended and rectified by striking therefrom the item whereby the sum of $523 33 was directed to be deducted from the sum of $1744 88; and that the said decree be in all other parts ratified and confirmed.

Of the monies arising from the sale, so ordered to be brought into court, the said Linn, clerk of said court, acknowledged the receipt of $6924 47.

Of the said sum, Linn paid to Asher Williamson, one of the executors of the said Cornelius William

son, deceased, pursuant to the decree,

And paid the complainants' costs,

And, after retaining his fees as master,

And the fees allowed to him by law on the money paid into court,

$1744-88

202 23

173 80

69 24

$2190 15

He paid, on the 25th June, 1814, to the said Samuel Williamson, executor of William Williamson, deceased, the sum of $4734 32, the balance of the said sum of $6924 47.

Whereupon the said Samuel Williamson, together with Benjamin Johnson as his surety approved by the said James Linn, executed and delivered a bond, dated June 25th, 1814, to William S. Pennington, Governor and Chancellor of the state of