242 ELLICOTT v. WELCH.

much thereof as may be necessary for the payment of his debts, be
sold; that the trustee, if practicable, to sell the personal estate,
and the real estate devised for that purpose, and the lands in
Allegheny county, in the first instance: and if sales of the said pro-
perty cannot be effected, or the proceeds thereof should be insuffi-
cient, then he shall sell the remaining real estate of the deceased;
that John L Donaldson be appointed trustee, to make the sale, &c.
And it is further Decreed, that the case of Edward Campbell and
others, against John McHenry; and the case upon the petition of
Edward Campbell and others, be consolidated with and made parts
of this case. And it is further Decreed, that John McHenry,
Edward Campbell and John I. Donaldson account, &c.

The trustee gave bond as required by this decree, and on the
18th of December, 1829, reported, that he had made some further
sales of the deceased's estate, which sales were finally confirmed
on the 27th of February, 1830. After which he reported, that he
had, under the decree of the 12th of December, 1827, mortgaged a
part of the estate of the deceased, which, no objection being made,
was, on the 15th of June, 1830, approved; and on the 5th of May,
1832, he reported, that he had made some further sales, which were
finally ratified, on the 6th of July, 1832. On the 7th of May, 1832,
the auditor reported a statement of the claims of the creditors of
the deceased, who had come in, and a distribution among them of
so much of the testator's estate as had then, in various ways, come
to the hands of the trustee. After which the trustee reported, that
he had raised some further sums by mortgage, which, without
opposition, was, on the 26th of May, 1835, approved. It appears
by the proceedings under a petition filed in the same case on the
2d of March, 1836, that all the children of the testator William
Campbell were then dead; and that the case had so abated.

ELLICOTT v. WELCH.

A bill filed by the holder of a vendor's Hen, who has no interest in common with
the creditors at large, cannot be treated as a creditor's suit; except on the peti-
tion of a general creditor for satisfaction out of the surplus.—The widow of the
vendee can be endowed, under the act of assembly, only of that which remains
after the vendor's lien has been satisfied.—An absolute judgment against an admi-
nistrator is conclusive evidence of the sufficiency of assets to pay that debt; and