REBECCA OWINGS' CASE—1 BLAND. 273

her mental imbecility, to take care of herself, he made for her a
special provision by his will, in connexion with the devise to his
son William; to whom he gave a large portion of his real estate, to
" hold the same," (these are the words of this testator,) " to him
the said William Owings, his heirs and assigns forever, upon these
express conditions, that he and they, or the person or persons to
whom the estate deviswl to the said William Owings,may eventu-
ally pass, maintain my daughter Rebecca, or pay sixty pounds
current money a year for her maintenance during her natural life."
This will bears date on the 7th of May, 1803, and the testator must
have died soon after, although it is riot stated when; because it
appears to have been proved on the 25th of June, in the same
year.

Rebecca, after the death of her father, continued to reside with
her mother, the late Deborah Owings, until her death, which hap-
pened in December, 1810; and was taken care of and altogether
maintained by her. The late Deborah, under an apprehension that
the provision made by Rebecca's father for her maintenance, might
not be regularly applied, or that it might be inadequate, by her will,
also made provision for her support. After borne specific legacies,
she gives all the residue of her estate to her eight daughters by
name, including Rebecca, to be equally divided; and then says:
"It is my will and desire, that the portion of my estate, above be-
queathed to my daughter Rebecca shall, so soon as convenient
after my decease, be laid out by my executors, hereinafter named,
in the purchase of bank stock; and the said stock, when so pur-
chased, shall be held in the name of my .said daughter Rebecca.
And I do hereby authorize and empower my daughter Urath
Cromwell to demand and receive the interest or dividends arising
from the said bank stock, and to apply the same to the support
and maintenance of my said daughter Rebecca during her natural
life; it being understood, that my said daughter Rebecca is to be
removed to the house of my said daughter Urath Cromwell, and
from and after the decease of my said daughter Rebecca, I do give
and bequeath the bank stock aforesaid unto my said daughter
Urath Cromwell, as a compensation for her trouble in providing for
and taking care of my said daughter Rebecca." After the death of
this testatrix, Rebeeca went to reside with the plaintiffs, Cromwell
* and wife, by whom she has been taken care of and main-
taiued ever since.

The bill does not introduce Cromwell and wife as the next friends
of Rebecca, but merely in the character of co-plaintiffs; and then
states, "that Rebecca being, by the Providence of God, gifted from
her birth with but a small share of reason and judgment, and inca-
pable, of herself, without the help and kindness of her friends,
to take care of herself, or to manage and dispose of property."
But it is not alleged, nor does it appear, that she has, by any judi-
18 1B.