74 TOWNSHEND v. DUNCAN.—2 BLAND.

March, 1829, might be estimated at $600. That Mrs. Duncan dis-
charged the annuity to the 4th of March, 1820; and the defendant
Robinson had paid the annuity for the years ending respectively
on the 4th of March, 1826; 4th*of March, 1827; and 4th of March,
1828. The complainants, therefore claim their annuity from the
4th of March, 1820, to the 4th of March, 1825, and from the 4th of
March, 1828, to the 4th of March, 1829; six years, at $60, being
$360; and interest on each year as it became due, amounting to
$112.86; being in the whole, $472.86. And that the plaintiff Anna
Maria Townshend, was aged thirty-three years, or thereabouts,
and enjoyed good health.

The defendants excepted to this report, first, because the audi-
tor had not allowed to the defendants all the credit to which, by
the evidence in the cause, they were entitled; especially the sum
of $20, admitted to have been paid by the late Mrs. Duncan over
and above the amount credited to her, by the auditor in his ac-
count; second, because there was no evidence whatsoever in the
cause, duly and regularly taken, according to the course of Chan-
cery proceedings, by which the said defendants can, in any wise,
be charged or affected, or any decree passed against the infant
defendants and Robinson, or touching or concerning the interest
of said infants or said Robinson in the land in the bill mentioned,
or otherwise; and thirdly, because the said report and accounts
are in other respects erroneous.

After these exceptions had been tiled, the plaintiffs admitted;
that the late Deborah Duncan had paid $20, which had not been
credited by the auditor.

On the 25th of July, 1829, the infant defendants William and
Caroline, by their next friend, filed their petition, in which they
stated, that they could prove that Deborah Duiiean had been
appointed guardian for them by the Orphans' Court of Anne Arun-
del * County, and had received the rents and profits of the
78 said land for six years; but had never accounted with the
Orphans' Court, as guardian, for any other sum of money than the
balance remaining, after deducting from the gross amount of rents
and profits, the sum of $60 per year. Whereupon they prayed, that
a commission might be issued; or some order passed to enable them
to obtain the benefit of the said testimony, &e.

Upon which the Chancellor expressed a wish to hear counsel:
and for that purpose ordered, that the matter should stand over
until further order. But the matter was not again moved on be-
half of the infant defendants.

BLAND, C., 12th August, 1829.—This case standing ready for
hearing, and having been submitted on notes by the solicitors of
the parties, the proceedings were read and considered.