HELMS v. FRANCISCUS—2 BLAND. 519

41, 42, and 44, agreably to the said order, and that he had then
stated a further account, C, in which the principal and interest,
received by the trustee, and now deposited in Court, were applied
to the pay in cut of said commissions, costs, and claims, in the
usual manner. By an order, passed on the 5th of July, 1830, this
report was confirmed, and the trustee directed to apply the pro-
ceeds accordingly.

HELMS v. FRANCISCUS.

CHANCERY PRACTICE.— LAPSED LEGACIES.—SEPARATION BETWEEN HUSBAND
AND WIFE.—ALIMONY.—SETTLEMENT OF THE WIFE'S ESTATE.

Where it becomes necessary to have the plaintiff's next friend examined as
a witness, he may be discharged for that purpose, and another appointed
in his place. (a)

It is the duty of the Court, for its own safety, and for the benefit of all con-
cerned, to have all its proceedings translated into the English language.

A husband, who can derive no pecuniary benefit from a decree to account,
must, nevertheless, be permitted to attend, and to except, for the pro-
tection of his own rights.

The cases in which a legacy may be considered as having lapsed.

The residuary legatee takes all which has not been well and sufficiently dis-
posed of. (b)

The binding and peculiar nature of the contract of marriage.

To preserve the public peace and morals, and upon the ground of a stronger
policy overruling a weaker one, a separation of husband and wife may
be allowed.

The father is the natural guardian of bis infant children; yet, in some cases,
the care of the infant may be committed to the mother.

A feme covert may, in the prescribed mode, contract for her property, or. in
equity, dispose of her separate estate.

The nature of a separate maintenance and of pin-money,

A separate maintenance may be awarded on the * ground of mal-
conduct of the husband. 545

The jurisdiction of this Court as to alimony, (c)

This Court may give to the wife a separate maintenance out of her own
estate.

The making of a settlement upon the ground of what is called "the wife's
equity."'

How an infant may become a ward of Court.

In general,the Court settles only a part of the wife's fortune upon her; but.
in some oases, or with the consent of her husband, the whole of her for-
tune may be settled on her.

(a) Cited in Mills v. Humes, S3 Md. 357.

(b) Approved in Cox v. Harris, 17 Md. 31.

(c) Cited in Wright v. Wright, 2 Md. 450; Dunnock v. Dunnock, 3 Md. Ch.
143, 145; Jamison v. Jamison, 4 Md. Ch. 394.