TOWNSHEND v. DUNCAN.—2 BLAND. 49

But the plaintiffs are here asking a Court of equity to enforce
the payment of this annuity—an annuity, given by a will,
is, for *many purposes, treated as a legacy, and so eonsid- ""*

from the 27th day of September, 1781, and for the whole of the said profits
from the 7th day of February, 1785, until the end of the year 1786, deduct-
ing thence all sums expended by the said Railey in the maintenance, sup-
port and education of the complainant: and his proportionable part of all
taxes paid for the said land whilst in the possession of the said Railey, or
his executor; and also for interest on the balance from the 3d day of Sep-
tember, 1787, that being the day whereon the complainant attained his full
age as aforesaid.

And it is further Decreed, that the auditor state the said account, and that,
in so doing, he state the yearly value of the land to be so much as it is
proved the said Bailey rented out the same for during one year, deducting
a reasonable allowance for the articles belonging to the said Railey. which
were let to the tenant along with the land: and that the auditor likewise
take an account of the personal estate of the said John Railey, or assets
which have come to the hands of the said John Chaires. and the disburse-
ments of the said Chaires. as executor of the said Railey; and that the audi-
tor report the said accounts, subject to the exceptions of the parties, and to
be done with as to the Chancellor shall seem just and proper.

The auditor made a report accordingly, by which it appeared, that the
executor Chaires had overpaid, and that the personal estate of John Railey
deceased, was exhausted. Upon which the case was again brought before
the Court.

HANSON, C., 20th December, 1793.—On motion of the complainant it is
Ordered, that the report of the auditor, and the account by him stated, agree-
ably to the interlocutory decree, be taken and considered as a ground for the
relief prayed, and for making the lands which have descended from the
said Railey, and which are in the hands of the defendant Thomas Callahan,
answerable for the deficiency of the personal estate of the said Railey; un-
less the contrary be shewn by the said Callahan on or before the first Tues-
day in February next; provided a copy of this order be served on the said
Callahan before the twenty-fifth day of January next.

A copy of this order having been served as required, and no sufficient
cause having been shewn, the case was submitted, without argument, for a
final decree.

HANSON, C., 23d June, 1794.—The said cause standing ready for final de-
cision, and being submitted, and the bill, answer, exhibits, auditor's report,
and all other proceedings being by the Chancellor read and considered:

It is thereupon Decreed, that unless the defendant Thomas Callahan shall
pay unto the complainant Christopher Cox the sums stated by the auditor to
be to him due, amounting to £283 19s. 0d. current money, with interest
thereon from the 22d of March. 1787, the several tracts of land called Good
Increase, Railey's Hazard, Railey's Chance, and a part of a tract of land
called Shetland, supposed to lie in Queen Ann County, or such of them as
descended from the aforesaid John Railey unto Charles Railey, and have,
by the said Charles Railey, been devised unto the defendant Thomas Calla-
han, shall be assets in the hands of the said Callahan, and shall be subject to
4 2 B.