TOWNSHEND v. DUNCAN.—2 BLAND. 43

Testimony may be taken under an order before a justice of the peace.

The probate of a will, in relation to real estate, considered as prima facie

evidence.
A decree against infants for the payment of money.

* THIS bill was filed on the 17th of August, 1826, by
Perry Towashend and Anna Maria, his wile, against William 46
J. B. Duncau, Caroline Duncan, who are infants, Joseph Robinson
and Thomas Iglehart. The bill states, that William Duncan being
seized and possessed of a considerable real and personal estate, on
the 26th of December, 1818, made his last will, which, so far as
concerns the matter in controversy, is as follows:

"I give and devise unto my daughter Caroline Duucan, and my
son William Joseph Bend Duncan, the plantation whereon I now
dwell, consisting of several tracts, or parts of tracts of land, one
of which is called and known by the name of Burgess' Eight,
and part of a tract in two parcels, called Puddirigton's Harbor,
otherwise called Puddington's Gift, being contiguous to each other,
and containing, in the whole, two hundred twenty-nine and one-
half acres, more or less, to them and their heirs forever, to be
equally divided between them, share and share alike as joint
tenants, and not as tenants in common. I give and bequeath to
my daughter Anna Maria Duucan, the sum of sixty dollars, current
money, as an annuity, to be paid to her oat of the profits of my
real estate above mentioned, annually for ami during the term of
her natural life, withholding from her, however, the power of
selling or transferring the above mentioned annual allowance to
any person or persons whatever, under penalty of forfeiture. I do
hereby constitute and appoint my dear wife Deborah Duncan, sole
executrix of this my last will."

The bill further states, that The testator, William Duncan, died,
on or about the 25th of March, 1819, leaving those children, the
plaintiff Anna Maria, by a first marriage, and the defendants Wil-
liam and Caroline, both of whom were then and still are infants,
by his wile Deborah, the legatees and devisees mentioned in his
will; that the said Deborah administered and died; and that
Thomas Iglehart took out letters, and was then the administrator
de bonis non of the deceased; that the said Deborah, before her
death, paid the plaintiff Anna Maria, one year's allowance after
her father's death; and that Joseph Robinson, who had been ap-
pointed, and then was the guardian of the said infants, had also

open for revision in the Appellate Court. Walsh v. Boyle, 30 Md. 262.
Where accounts are stated by the auditor to represent the views and claims
of the respective parties under their instructions, such accounts may be re-
viewed on appeal, though no exception thereto was taken in the Court below
by either party. Walter v. Fonts, 52 Md. 147. As to how interest should
be calculated, see Hammond v. Hammond, post, 306, note.