46 TOWNSHEND v. DUNCAN— 2 BLAND.

But if there be no general prayer, and the special prayer cannot
be granted, the plaintiff must amend his bill or have it dismissed.
Chicot v. Lequesne, 2 Vex, 318; East India Company v. Henchman,
1 Ves. Jr. 289; Wheeler v. Trotter, 3 Swan. 174, n.; Gordon v.
Gordon, 3 Swan. 472; Barfield v. Kelly, 3 Cond Chan.Rep. 703;
Topham v. Constantine, 5 Cond. Chan. Rep. 322; Brice v. Bletchley,
6 Mad. 17; Edney v. Jewell, 6 .Mad. 165; Cuthbert v. Creasy, 6 Mad.
189; Flint v. Field, 2 Antr. 543; Hall. Maliby, 2 Exche. Rep. 463;
Carew v. Johnston, 2 Scho.. and Lefr. 280; Lingan v. Henderson, 1
Bland, 236.

Before a decree can be so correctly framed as to suit the peculiar
nature of the case now under consideration, the Court must be
furnished with some further information, and with some state-
ments by way of illustration of the bearings of the allegations of
the bill. But no case can be sent to the auditor for any such pur-
poses, where there is no ground for relief shewn by the pleadings,
or where the facts as stated in the bill, do not, of themselves, ex-
hibit a sufficient foundation for some relief, either under the special
or the general prayer. Holloway v. Mellard, 1 Mad. Rep. 421,
(229.) It will therefore be necessary to see whether these plain-
tiffs have stated such facts as constitute a case that entitles them
to relief; and also to consider what are the powers and duties of
the auditor to collect information, and make statements in cases of
this kind.

The facts of which the plaintiffs have constituted their case, are
these: William Duncan, being seized and possessed, in fee simple,
of a parcel of land, containing two hundred and twenty-nine acres
and a half, by his last will devised it to his two infant children,
the defendants William and Caroline, and their heirs forever as
joint tenants; and to his daughter Anna Maria, now the wife of
the plaintiff Perry Townshend, he bequeathed an annuity of sixty
dollars, to be paid to her out of the rents and profits of his real
estate above mentioned, annually during her life; and appointed
his wife Deborah, the mother of the defendants William and Caro-
line, his executrix; that the testator died in March, 1819; and the
executrix Deborah, administered upon his estate, and paid to the
plaintiff' Anna Maria, her annuity for one year; after which the
executrix Deborah died,, and administration de bonis non was
thereupon granted to Thomas Iglehart; that the defendant
50 * Robinson, who is the guardian of the infant defendants
William and Caroline, had also paid to the plaintiff Anna Maria,
her annuity for one year, under the will of her father. But, that
those defendants have failed and refused to pay any more of the
annuity to her, either before, or since her intermarriage; and that
the defendant Thomas Iglehart having died since the tiling of the
bill, and administration de bonis non having been granted to John