JONES v. JONES.—1 BLAND. 431

It may well be doubted, whether it is within the constitutional
competency of either the legislative, or judicial department of our

death according to the will of John Wells. The penalty of the bond to be
2,000 dollars.

Mary Davis by her petition states, that her husband Caleb died on the 14th
of June, 1817, without having received any part of the proceeds of sale; that
she had been advised by the trustee to take out letters of administration on
the estate of her late husband, or to obtain an order from this Court for the
share awarded to her and her husband by the order of the 23d of Septem-
ber. 1817; but that she conceived herself entitled, in her own right, to the
whole share as one of the children of the testator.

KILTY, C.. 13th February. 1818.—This petition of Mary Davis has been
considered: and the trustee is thereupon authorized and directed to pay the
sum allotted to Caleb Davis and Mary his wife to the said Mary Davis. with
interest as prescribed in the order of September 23d. 1817.

Eoloson and wife by their petition alleged, that their share had been, as
they were informed, paid by the trustee to the register, who they prayed,
might be ordered to pay it over to them. To which petition was subjoined
an order signed by Margaret, directing it to be paid over to Richard her hus-
band.

KILTY, C.. 31st February, 1818.—The parties should have known, that the
money is deposited in bank and cannot be drawn by the register without
the order of the Court. If the petitioners elect to take a part of the money,
as an equivalent to the use of the whole for life, it must be so stated; and
witnessed, as to Margaret Roloson. The present petition and the order of
Margaret Eoloson are in general terms for the dividend, and would not
justify the payment of any part of the money. The allowance will be three-
sevenths of the whole sum.

Roloson and wife by their petition stated, that the}' elected to take a part
absolutely instead of the whole for life. To which petition was subjoined
a draft by Margaret, in favor of Richard, which was witnessed by T. W.
Griffith.

KILTY, C., 34th February, 1818.—On the above application it is ordered,
that the said R. and M. Roloson be allowed three-sevenths of the sum allotted
to them for life; which, out of 8963.86. amounts to $412.84. leaving a fraction
of one-fourth: and a check will be ordered for that sum; and $74.98 1/4 to R.
Eoloson as guardian of the children; making together the sum of $487.7
paid in by the trustee,, and deposited. The further sums to be received ap-
plicable to the said allowance may be paid to the said R. Roloeon as guardian
to the children by the trustee when received or brought into Court, with
interest according to the order 011 the auditor's report.

David Wilson and Joseph Read set forth that they were the sureties of
Richard Roloson, that he had deceived them: and that they did not consider
themselves safe; that they had made application to the Orphans' Court to
be discharged, and they thereupon prayed that the dividends awarded to the
infants might not be paid to Roloson.

KILTY, C., 7th April, 1818.—In consequence of the application of D. Wil-
son and of J. Bead, the trustee is directed to pay any further sum, that may