
    THE ADMINISTRATOR OF LEWIS MOORE, DECEASED, v. THE ADMINISTRATOR OF CORNELIUS POLAND, DECEASED.
    P. gave a mortgage to M., and afterwards married one of M.’s two daughters and only children. M. died intestate, leaving a widow and -the said two daughters. The widow died shortly after. After the death of M. and the widow, H. married the other daughter, and she died without issue. H. then administered on M.’s personal estate, and filed a hill of foreclosure on the mortgage. Held that H., by administering on the estate of his deceased wife, would become entitled to her share of the amount due on the mortgage, without liability to account, but that no more of the mortgaged premises should be decreed to he sold than enough to pay the share of H.’s deceased wife.
    Bill for foreclosure. Cornelius Poland gave a mortgage to Lewis Moore, dated April 3d, 1835, to secure $1200, according to the condition of a bond, &c., in one year. Moore died intestate, in January, 1836, leaving a widow and two daughters, Jane and Ann, leaving no real estate, and very little personal property, except this bond and mortgage. Before the death of Moore, Poland married the daughter Jane.
    The answer states that after the death of Moore, the widow and daughters consulted as to the expediency of taking out letters of administration, and agreed that, from the situation of the family and the nature of the property, it was unnecessary and inexpedient, and that it was agreed that the widow should receive the income of the property, consisting of little more than the interest on this bond and mortgage, during her life, and that at her death, the property should be equally divided between the two daughters, by whom the debts, if any, should be paid equally. That Thomas Hull, who afterwards married the daughter Ann, was informed of this arrangement. That under this arrangement, he, Poland, paid to the widow the year’s interest, and loaned to her other sums of money, which he submits should be decreed to have been paid to her on account of her share and interest in the sum secured by the bond and mortgage. That the widow died in 1837, and that, from her death, Ann lived and made her home with Poland and his wife, till October, 1842, when she married Thomas Hull.
    
      In January, 1844, Henry S. Lupardus took out letters of administration of the estate of Moore, and in March, 1844, filed his bill of foreclosure on the said mortgage. Ann Hull died without issue, in May, 1845.
    Poland died after the suit was commenced, and, before answering, and the answer is put in by the administrator of his estate.
    The answer states that he, the administrator, has been informed and,believes that Ann desired and requested that her part of the interest on the bond and mortgage should go on account of her board, while she was living and continued to live and board in Poland’s family, and that, over and above such bqard, Poland,, in the years 1837, 1838, 1839, and 1840, furnished articles and paid or advanced to or for the said Ann divers sums of money.
    Poland died in September, 1844, leaving Jane, his widow, and several minor. children. No administration was taken of the estate of the widow, or that of Mrs. Hull.
    Testimony was taken touching the alleged agreement that the widow should receive the interest on the bond during her life, and as to whether Ann was to pay board while she lived at Poland’s, or whether her services in the family were considered equivalent to her board, and also as to the property which Lewis Moore left besides this bond and mortgage.
    
      W. Patterson, for complainant.
    
      W. H. Leupp, for defendant.
   The Chancellor.

Poland, the mortgagor, as the husband of Jane, is entitled to her share of the money due on the mortgage. Hull, surviving husband of Ann, deceased, by administering on her estate, will be entitled to what, if anything, may be due on her share, without liability to account.

No more of the mortgaged premises should be ordered to be sold than will be sufficient to pay what, if anything, may be due from Poland on Ann’s share.

A reference will be ordered to ascertain what, if anything, is due on Ann’s share, and whether part of the mortgaged premises can be sold to pay it, with liberty to use the testimony already taken in the cause.

Hull should take out letters of administration of the estate of his deceased wife.

Order accordingly.  