276 REBECCA OWINGS' CASE.—1 BLAND.

Lord Donegal's Case, 2 Ves. 408; Machin v. Salkeld, Dick 634;
Bird v. Lefevre, 4 Bro. C. C. 100; Eyre v. Wake, 4 Yen. 795; Ex
parte Cranmer, 12 Fes. 446; Wartnaby v. Wartnaby, Jac. Rep. 377;
1 Mowt. Dig. 39; Shelf, iww. & Idiots, 436.

I am of opinion, that this may be considered as one of those in-
stances. The pension given to Rebecca by her father is not more
than sufficient for her comfortable maintenance: there is none to
spare. It should certainly not be involved in any expense that can
be avoided. The Court is now only called on to enforce its pay-
ment and application; which may be as safely done now as after
an inquisition has been taken; and certainly with more advantage
and economy to Rebecca. I shall, therefore, proceed without re-
quiring Rebecca to be formally declared a lunatic, and a committee
of her person and estate to be appointed.

It is stated and admitted, that the plaintiff Rebecca is, in fact,
so far insane as to be incapable of managing her property. Her
late parents have made a provision for her maintenance. But to
order the property they gave her to be paid into her own hands
would not be extending to her proper and adequate relief and
295 * protection: or rather it would amount to an absolute
frustration of the good intentions of her parents. The
relief must, therefore, be so conducted as to accomplish the object
in view; that is, the maintenance of Rebecca. This cannot be
done without the instrumentality of a trustee, who may be charged
with the receipt and application of the fund that has been appro-
priated for that purpose. One of her provident parents has made
a selection of trustees for her; which, so far, seems to be conceded
to have been a judicious one. I shall, therefore, confirm and act
upon it. Not because I recognize the least right in the late De-
borah Owings to appoint a trustee or guardian of the person or
property of her daughter; but, because I believe it to be my offi-
cial duty to protect persons in the condition in which I find Re-
becca; and to do so effectually, I must appoint and use a trustee
or agent. And Cromwell and wife having been recommended by
one of the parents of Rebecca, (for so I consider what is said in
the will of the late Deborah,) as suitable trustees; and they having
assumed that character; with which, upon a proper application I
might have clothed them; I shall now sanction and confirm it to
them;—upon the ground that this Court always retrospectively
sustains and ratifies that which has been usefully and fairly done;
and which it would have ordered to be done. I shall require John
Cromwell to give bond for the faithful application of the money I
shall decree to Rebecca, and order to be placed in his hands for
her use. Bird v. Lefevre, 4 Bro. C. C. 100. And I shall accord-
ingly regard this suit as having been instituted by Rebecca
Owings, together with John Cromwell and Urath his wife as