HELMS v. FRANCISCUS.—2 BLAND. 321

haus & Company, and is certain vessels, &c.; and that the greatest
part of the testator's personal estate, at the time of his death,
consisted of property, effects and debts, belonging and due to the
partnership, which partnership concern had not been settled, nor
any account thereof rendered by the defendant Franciscus, so as
to shew what proportion of the effects thereof properly belonged
to the testator, and for which the defendant Franciscus. as surviv-
ing partner, was accountable, as a part of the estate of the testa-
tor. Whereupon the bill prayed that the defendant Franciscus
might be ordered to disclose and set forth the nature and terms of
the partnership between him and the testator at the time of his
death; to account for all the property, debts, rights and effects of
the partnership, and to pay over that which belonged to the testa-
tor to his executors, and also that the defendants Franciscus and
Sadtler, as executors, might account for the estate of the testator,
and be directed to pay what remained unto this plaintiff as resid-
uary legatee; and that the plaintiff might have such other and
further relief as the nature of her case might require.

After the defendants had appeared, but before they had ans-
wered, the plaintiff, by petition, prayed leave to amend her bill
by correcting her name, as therein stated; and instead of "Anna
G. M. Wandelohr inserting "Anna G. M. Newhaus, otherwise
called Anna G. M. Wandelohr On the 2d of October, 1818,
leave was granted to amend as prayed, and it was made accord-
ingly, by merely interlining the proposed amendment in the orig-
inal bill.

On the 1st of March, 1819, the defendants tiled their joint an-
swer, in which they admit the partnership, the will, and the death
of the testator. But they say, that they do not know the plain-
tiff, or that she is the residuary legatee mentioned in the bill;
nevertheless, supposing she might be the legatee, they had, to re-
lieve her necessities, advanced her the sum of $1,500, for which
they craved *an allowance. They set out, as exhibits, their
accounts previous to that time, passed by the Orphans' Court, 547
and represent the estate as still unsettled. Franciscus stated, that
the partnership was formed in April, 1809, of the testator and him-
self, and none other; that there were no written articles, but each
was to share equally; that the firm, at the time of the death of the tes-
tator, held a leasehold interest in a house and lot in Baltimore, a ship,
called the General Hands, and a brig, called Francis F. Johnson;
that a large amount of other property had come to his hands; but
that the partnership affairs had not then been wound up, and he
offered to the plaintiff a full and free inspection of the partner-
ship books.

This answer although purporting to be the answer of both de-
fendants, yet having been sworn to by Franciscus only, might
have been treated as no answer from : the defendant Sadtler.