TOWSHEND v. DUNCAN—2 BLAND. 65

before a master in England, or as formerly here, under an ordinary
commission to examine evidences; but always, as now, after notice
to the parties, the witnesses were examined publicly in the presence
of the parties, if they chose to attend. And testimony might be
so taken after publication had passed, as to the depositions of wit-
nesses taken under au ordinary commission, (o) It appears to have

(o) WOODWARD v. CHAPMAN.—This bill was filed, on the 4th of December,
1743, by Henry Woodward, an infant, by Edward Dorsey, his guardian, and
Mary, Elizabeth, and Eleanor Woodward, infants, by Richard Dorsey, their
next friend, against Levin Gale and William Chapman. The bill stated, that
the plaintiff's father, Amos Woodward, died on the 16th of March, 1734,
intestate, leaving a very large personal estate, consisting of negroes, ready
money, plate, rings, a sea vessel, which had after his death, being sent to
Barbadoes, brought a return cargo of rum, &c. Besides which, the intes-
tate had left chosen in action, and other goods and chattels of very consider-
able value, sufficient to pay all his debts, with a great surplus. That ad-
ministration of the intestate's estate, had been granted to his widow, Achsa
Woodward, the mother of the plaintiffs: that the negroes, belonging to the
estate of the intestate, Amos, the year he died, made a large crop of corn,
tobacco, and other things; which the administratrix, Achsa, never accounted
for: but converted to her own use: that she, accordingly, had taken posses-
sion of the intestate's estate, and returned an inventory and list of debts,
to the commissary's office, in which she failed to include many articles of
property of great value, and several good debts due to the intestate, and had
sold seven of the negroes belonging to the estate of the intestate. That she
had afterwards intermarried with Edward Fottrell, who, although he had
notice of the omissions in the inventory and return of the said Achsa, bad
failed to make any return thereof, as he ought to have done. That the said
Achsa died in February, 1742, intestate; and afterwards, in the same month,
the said Edward died, having previously by his will appointed Bazil Dorsey
and Alexander Lawson his executors, who, having refused to act as such,
administration, with the will of the said Edward annexed, had been granted
to these defendants; and that letters of administration de bonis non. of the
intestate Amos; and of administration of the intestate Achsa, had been also
granted to these defendants. That the plaintiffs had been put to school a
very little time, and had no other means to defray the expense of their
schooling and maintenance. And that the defendants had sold the greater
part of the negroes belonging to the estate of the intestate Amos. Where-
upon it was prayed, that the defendants should be compelled to make up a
full account of "the estates of the intestates Amos and Achsa, and deliver to
the plaintiffs their distributive part thereof; and in the meantime to give
and allow to the plaintiffs a maintenance and education according to the in-
terest and profits of their estate; and that they might be relieved in all and
singular the premises.

The defendant Chapman by his answer admitted the death of Amos Wood-
ward; that the plaintiffs were his children; that administration had been,
granted, as stated in the bill, to Achsa, her marriage, and the death of her
and her husband Fottrell; and the administration granted on their estates to
these defendants: but denied, that any administration de bonis non had ever
been granted, as charged, on the estate of the intestate Amos. This defendant
denied that there was any crop begun and growing on the plantation of the
intestate Amos, at the time of his death: and further, that this defendant

5 2B.