REBECCA OWINGS' CASE.—1 BLAND. 279

nature, should take effect from the day of the death of the testator;
2 Mad. Chan. 83; but as the date of that event has not been clearly-
shewn, I shall direct the years to be reckoned from the 25th

* of June, 1803, the day on which the testator's will was 298
authenticated.

Whereupon it is decreed, that the report of the auditor be con-
firmed; that William Owings forthwith pay, or bring into this
Court to be paid unto John Cromwell, for the use of Rebecca
Owings, the snm of $6.476.91, together with legal interest on
83,834.67, part thereof, from the 13th day of the present month,
until brought in or paid; that John Cromwell and Urath his wife
are hereby appointed trustees of the property of Rebecca, with full
authority to demand, receive and apply the same towards her
maintenance and for her benefit, under the directions of this Court;
which property and money they shall deliver up, pay or bring into
Court, as may be required; and they shall render an account
thereof on oath to this Court from time to time, at least once in
each and every year during the life of Rebecca, or until the further
order of this Court; that John Cromwell, before he and the said
Urath his wife shall enter upon the duties of this trust, give bond
to the State, in the penalty of fifteen thousand dollars, with surety
to be approved by the Chancellor, for the faithful performance of
the trust reposed in them by this or any future decree or order in
the premises;—and that the defendant pay to the plaintiffs their,
full costs, to be taxed by the register.

Upon the application of the plaintiffs a fieri facias was on the
3rd of April, 1828, ordered in general terms on this decree, but it
does not appear that it was ever executed or returned. On the 6th
of January, 1830. John Cromwell, one of the plaintiffs, by his peti-
tion stated, that Rebecca Owings died on the 19th of August, 1828;
that he had maintained her in his house, with every comfort, during
eighteen years prior to her death; and had often attended her in
his professional character of a physician; that he bad expended
considerable sums of money in fees to lawyers, and costs of suit in
defending her rights and interests; and that no part of the amount
decreed to her had been paid. Upon which he prayed, that the
whole amount of his account might be ordered to be paid out of
the sum of money so decreed to the late Rebecca Owings.

BLAND, C. ,12th January, 1830.—The sum decreed to the late
Rebecca Owings should have been paid to her trustees as directed
by the decree; but that not having been done, as is alleged by this
petitioner, and the case having abated by the death of Rebecca,
it must be regularly revived before the decree can be 299

* enforced for the benefit of any one. On the death of
Rebecca all the rights and authority of the petitioner John Crom-