522 HELMS v. FRANCISCUS.— 2 BLAND.

But the plaintiff filed exceptions to its sufficiency, in which
she distinctly speaks oi' it as the answer of both, and there-
by virtually waived any objection to it, because of its hav-
ing been sworn to by only one of the defendants. An order
was passed appointing a day for hearing those exceptions; but as
no further notice was taken of them in any of the subsequent pro-
ceedings, they were passed over at- the final bearing as having
been tacitly abandoned.

On the 11th of February, 1825, Anna G. M. Helms, formerly
Kewhaus, by her next friend, Frederick Augustus Wandelohr, and
Joseph Sumwalt, and John McFarren, Jr. filed their supplemental
bill against John Franciscus, Philip B. Sadtler, Carsten Newhausr
John Henry Newhans, Jacob Newhaus, John Rathean, Susan Hol-
ler, otherwise called Mnller, Frederick Muller, Anna G. Bauer,
Jacob Bauer and Lewis Helms. This bill, after reciting' the sub
stance of the before mentioned original bill, to which this is made
a supplement, stated that, since the filing of that bill, the suit
had abated by the marriage of the plaintiff Anna, with the i:ow
defendant Lewis Helms, who had separated from her; and that
they bad entered into a written agreement to live separate, by
virtue of which agreement of separation, and of the power of this
Court to have any property of a feme covert, which her husband
asks its aid to recover, settled upon her and to her exclusive use, the
plaintiff Anna insisted that she was entitled to have the whole of
the residuary legacy applied to her exclusive use.

This bill further stated, that the surviving partner had finally
wound up the affairs of the partnership; that the executors had
paid the debts and completely settled up the estate of the testator;
* and that a certain property in Germany had devolved upon
548 the late John Newhaus, the brother of the testator, the one-
third of which on his death vested in his life, the defendant
Susan, who with her then husband now probably alive, assigned
her interest to the testator; by virtue of which his executors these
defendants, have received a large amount; that the executors have
not yet accounted for the property received by them orpaid to
the plaintiff Anna, the amount to which she was entitled as residu-
ary legatee.

It further stated, that legacies bad been given by the testator in
his will to the defendants Carsten Newhaus, John H. Newhaus,
and Jacob Newhaus, who were then infants; and as such the de-
fendant Franciscus had been appointed their guardian. That the
testator's sister ——— Bauers, of Bremen, never had but one
child, the defendant Anna G. Bauers, now an infant; and that the
other legatees, designated as her four other children, never did
exist either before or since the testator's death: and consequently
the right to that which had been so given to them by the testator
devolved upon, and vested in the plaintiff Anna as residuary leg-