480 POST v. MACKALL.—3 BLAND.

other hand, that the rights of such an * imbecile person,
489 who has instituted a suit, may be taken care of, and that he
may be enabled to perform a duty, his solicitor may be directed to
sustain and prosecute the suit for his benefit; or a guardian may be
appointed for the special purpose of executing the act required,
according to the nature of the case. 1 Fonb. Eg. 64; Donegal's
Case, 2 Ves. 408; Wartnaby v. Wartnaby, 4 Cond. Cha. Rep. 173;
Colegate D. Owings' Case, 1 Bland, 372.

Whereupon it is ordered, that Louis Mackall be and he is here-
by appointed guardian of the defendant Benjamin B. Mackall, to
make answer to the said bill of complaint in his behalf, and in all
respects to defend and protect his interests in this suit.

On the 27th of April, 1830, the lunatic defendant answered by
his guardian. The other defendants put in their answers, in which
they all admitted the claims of the plaintiffs; that the personal
estate of the deceased was insufficient to pay his debts; and con-
sented, that a decree should pass as prayed.

BLAND, C., 4th May, 1830.—Decreed, that the real estate
of Benjamin Mackall, deceased, be sold; that John Johnson and
Thomas S. Alexander be appointed trustees to make the sale,
&c.; the terms of which shall be, one-third of the purchase money
to be paid in six months, one other third in twelve months, and the
residue in eighteen months from the day of sale; with interest from
the day of sale, &c. That notice be given to the creditors of the
deceased to file the vouchers of their claims within four months
from the day of sale. And that the defendant Louis MackalJ, the
administrator de bonis non of the deceased, account, &c.; which
account the auditor is directed to state from the evidence now in
the case, and such other evidence as may be produced before him
by either party, on giving the usual notice, &c.

After which the trustees reported that they had given notice to
the creditors; and had made sales of the real estate of the deceased

poena issued and returned summoned. A writ de idiota inquirendo issued
to enquire into the idiocy of the defendant Eleanor Worthington. Inquisi-
tion taken and returned finding her an idiot, which being confirmed, John
Craddock was appointed her committee, required to give bond, &c. Where-
upon John Craddock and Benjamin Nicholson were appointed a committee
for the idiot, to take her answer and defend the suit in her behalf.

October, 1784.—Decreed, that a conveyance be ma as prayed; and that a
day be given to the infants to shew cause on their coming of age as usual.
But there was no reservation as to the idiot. Chancer Proceedings, lib. No.
2, fol. 135, 365, S72.