CAMPBELL'S CASE. 239
specific produce of the real assets, and take it from any one in

devisees and their heirs parties, specifying the real estate which came to their hands;
and then alleging, 'that all the parties aforesaid claiming under the will of Henry
Baker aforesaid first named, have had notice of your orator's claim; but none of them
have ever paid or offered to pay any part thereof; and also, that the estates held by the
other defendants, Jeremiah Baker, of Cecil county, Henry Baker, son of Francis, of
Harford county, and Nathan Baker, of Cecil county, which they derived from Henry
Baker first mentioned, together with the personal estate of the said Henry, and the
estate devised to Francis, his son aforesaid, are greatly more than sufficient to pay
your orator's claim.'

The defendant Jeremiah Baker, by his answer, without admitting the plaintiff's
claim, stated among other things, that the tract called Clayfall, devised to him, was
without improvements, and had been mortgaged, and came to him so mortgaged,
which mortgage he had satisfied; that there was no improvements on the said land
at the time of the death of the said Henry; but that this defendant hath since made
valuable improvements, and erected buildings thereon; that the personal estate of
the said Henry was not sufficient, as he understood and believed, to pay the claims
against him; that he had no knowledge, that any balance was due to the plaintiff,
but had always understood and supposed the contrary; and that in any event he
could only be answerable for the reasonable value of the said lands to him devised,
as they were without improvements, at the time of the death of the said Henry, after
deducting the amount of the mortgage money paid by him, this defendant.

The administrator Francis, by his answer, admitted, that he was a devisee, and as
such held a portion of the real estate of his father; and said that he had no assets in
his possession, and had fully administered the same, and had paid away of his own
money, in discharge of the debts of the said Henry above and beyond the personal
property of the said Henry, which had come to his possession as administrator,
upwards of seventy pounds current money, computing dollars at six shillings, as
would appear by his account passed in the commissary's office, which he annexed
and prayed to be received as a part of his answer, which amount he was in equity
entitled to retain against any creditors of the said Henry out of the value of the said
property devised to him.

The infant defendant Nathan Baker, answering by his guardian ad litem, admitted,
that he held possession as heir of his father Jethro, the tract called Vanbibber's Forest,
which was devised to him by the late Henry. And he also averred, that the adminis-
trator had in his hands, unaccounted for, assets sufficient to pay all the debts of the
deceased.

Upon which commissions were issued and testimony taken and returned, and the
f case was thereupon brought before the court.

6th January j 1790.—HANSON, Chancellor,—This case standing ready for hearing,
and coining on to be heard and debated by counsel as well on the part of the com-
plainant as on the part of the defendants, and the bill, answers and several exhibits
aforesaid having been read, and appearing as herein before set forth.

Whereupon it is Decreed, that Robert Craig, the complainant, is entitled to recover
and receive from the real estate of Henry Baker, senior, deceased, the sum of
£868 3s. 3d. current money, with interest thereon from the 7th day of May, 1785,
that being the day on which the debt due from the said Henry Baker, senior, was
liquidated and ascertained by the auditors chosen by the parties; and that the com-
plainant is further entitled to receive from the said real estate his legal costs by him
expended in the prosecution of this suit.

And it is further Decreed, that the defendant Francis Baker, devisee of the said