84 TOWNSHEND v. DUNCAN.—2 BLAND.

legal representatives may be liekl liable; but their estate is liable
to these plaintiffs, to whom the sureties or legal representatives of
the late Deborah Dunean can, perhaps be in no way held account-
able; certainly not in this suit. The present guardian of these
infant defendants, Joseph Robinson, not having answered; and
having thereby tacitly admitted, that he had received a sufficiency
of rents and profits from his ward's estate, must be held absolutely
liable for the whole amount of the annuity which has accrued and
been left unpaid, during the time of his guardianship. For the
purpose of having a statement made upon these principles, the
case must be again sent to the auditor.

Ordered, that this case be, and the same is hereby again referred
to the auditor, with directions to state an account, shewing the
amount of the arrearages of the said annuity which became due
during the life-time of the late Deborah Dunean; after giving her
credit for the sum of $20, as of the year 1821, in addition to the
credits heretofore given. And further, to state an account of the
amount of the arrearages of the said annuity, left unpaid by the
present guardian, the defendant Joseph Robinson.

On the 13th of August, 1829, the auditor reported, that he had
in obedience to this order, again examined the proceedings, and
stated, first, an account between Deborah Dunean, deceased, and
the complainants, in which was charged the arrearages of the
complainant's annnuity to the supposed time of Deborah Duncan's
death. That the proof was, that she died in the latter end of the
year 1824: upon which he had assumed, as a mean period, the 4th
of October of that year. That he had allowed a credit for * $20,
paid on account of the annuity accrued on the 4th of
March, 1821, agreeably to the said order. That interest was
charged on the annual arrearages from the 4th of March of each
year. And that the sum due to the complainants, was $354.16,
with further interest on $255, part thereof, from that date until
paid. And secondly, an account between Joseph Robinson and
the complainants, of arrearages accrued since the death of
Deborah Dunean. That interest was there also allowed on the
annual arrearages, as in the first account. And that there
appeared to be due to the complainants on this account, the sum
of $93.26, with further interest on $85, part thereof, from that date
until paid. Upon which report the case was submitted by the
solicitors of the parties for final adjudication.

BLAND, C., 17th August, 1829.—Decreed, that the said bill of
complaint be and the same is hereby taken pro confesso, as against
the defendant Joseph Robinson. And it is further decreed, that
the infant defendants Caroline Dunean and William J. B. Duncan,
or the said Joseph Robinson as their guardian out of the estate