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to Miss Mary Conn has been applied to the payment of debts as she was no creditor to the testator, they insist, that they ought not to be hired out to raise the sum of $300 in money to be substituted to her use in lieu of the $300 worth of property bequeathed to her.

Your respondents contend that their liberty should be placed on a higher footing than the legacy to Miss Mary Conn, which is so far a special legacy, as that a permission on her part to the sale of it by the exor. was to all intents and purposes a waiver of any right which she might have had under the will of R. Conn, decd., and that even if she had not granted her assent to the sale of sd. property, that as it was the natural fund for the payment of the debts of the testator, the exor. had a right to apply it to that purpose after having exhausted any other personal property which belonged to the sd. testator.

Your respondents therefore pray that Raphael M. Conn, exor. of Raphael Conn, decd. make a settlement of his administration account upon the said estate so far as he has administered on it in order to ascertain what is still due from the said estate, and how the said personal estate and hires have been appropriated, and by which means it may be ascertained whether it is necessary that respondents shall be hired out any longer for the payment of said debts - and if upon a settlement of said estate it shall be ascertained that the debts of the said estate will be paid off by applying the hires of the present year to them, then & it that case your respondents pray that your honour will decree that respondents are not liable to be hired out to pay the legacy of the sd. Miss Mary Conn and that your honour will further decree that respondents are emancipated and free under the will of Raphael Conn, decd. and that the sd. executor shall release them