44 TOWNSHEND v. DUNCAN.—2 BLAND.

paid the plaintiff Anna Maria, one year's allowance under the will
of her father. But that the defendants had failed and refused to
pay any more of the annuity to her, either before or since her in-
termarriage with the plaint iff Perry Townshend.

After which the bill concludes thus; to the end that justice may
* be done them, that an account may be had, that the said
47 land may be sold; and under the direction of this Court, the
proceeds thereof applied to the payment of their annuity, with
costs of suit; and the balance so invested as to stand an answera-
ble fund to meet future instalments of said annuity; or that such
other relief may be given to them as to the Court may seem meet;
and to the end that answers may be filed to all and singular the
premises, to grant subpoenas, &c.

BLAND, C., 6th October, 1826.—The defendants William J. B.
Duncan and Caroline Duncan, and Joseph Robinson, having been
returned summoned, and not having appeared, or filed their
answers within the time allowed by the rules of the Court, it is
decreed, that the plaintiffs are entitled to relief, but as it does not
appear to what relief they are entitled, it is ordered, that a com-
mission issue to such person as the complainants may name to take
testimony to ascertain to what they are entitled, (d)

The plaintiffs, by their petition, stated, that the defendant
Thomas Iglehart, had died since the commencement of this suit;
and that administration de bonis non upon the estate of the testa-
tor William Duncan. had been granted to John Iglehart. Where-
upon they prayed that he might be accordingly summoned as a de-
fendant. 1820, ch. 161, s. 5. I

BLAND, C., 8th March, 1827.—Ordered, that the said John Igle-
hart, be, and he is hereby made a party defendant, as prayed;
and he is hereby directed to be summoned accordingly, to appear
on the 10th day of April next; provided, that the summons be
served as the law requires, on or before the twentieth instant.

After which, John Iglehart having been summoned, and having
failed to appear and answer, a decree was, on the 20th of Decem-
ber, 1827, passed against him similar to that of the 6th of Decem-
ber, 1826. Under which decrees a commission was issued, in
execution and return of which, the commissioners said that the
solicitor of the plaintiff had produced and filed a certified copy of
the last will and testament of William Duncan, which together

(d) It is declared that wherever a subpoena shall be returned summoned,
as to all or any of the defendants, making no distinction in favor of infants,
the Court must enter an interlocutory decree, &c. 1820, ch. 161, s. 1.