200 REBECCA OWINGS* CASE.

that the testator had not bound himself to them by any contract
whatever.

Whereupon it is decreed, that the bill of complaint be, and the
same is hereby dismissed with costs, to be taxed by the register.

REBECCA OWINGS' CASE.

A person who is actually non compos mentis, but who has not been found to be so
under a writ De Lunatico Inquirendo, may be permitted to sue, as co-plaintiff, with
another; who may be treated as his committee, and required to give bond to
account for any money directed to be paid to him for the use of the lunatic.

The granting of a writ De Lunatico Inquirendo is, in some measure, discretionary
with the Chancellor; and may be dispensed with for good cause for the benefit of
the lunatic.

Although the court cannot dispose of the person, or estate of a citizen who is a
lunatic, without his having been found to be so by a regular inquisition; yet it may,
under particular circumstances, extend its protection to his person or estate, with-
out any such previous inquest.

A charge of an annual sum upon lands, for the support of a lunatic, though not a
rent, is an incumbrance, following the estate, the prompt payment of which may
be enforced, either as against the person, or personal property of the holder, or by
putting a receiver upon the estate.

This bill was filed, on the 3d of September, 1819, in Baltimore
County Court, by Rebecca Owings and John Cromwell and Urath his
wife, against William Owings, to recover an annual sum of money
given to Rebecca, by the will of her father. After the defendant
had answered, and testimony had been taken, the case was removed
to this court, under the act of 1824, ch. 196; and the papers were
filed here, on the 9th of February, 1827. Some time after which,
it was brought before the court; and, on the 9th of June. 1827,
the case was referred to the auditor to state an account of the
amount then due to Rebecca Owings. The auditor made and filed
his report accordingly, on the 14th of June. The circumstances
of the case are sufficiently stated by the Chancellor, in delivering
his opinion.

15th June, 1827.—BLAND, Chancellor.—This case standing ready
for hearing, the solicitors of the plaintiffs having been heard, and
no counsel appearing for the defendant, the proceedings were read
and considered.

It appears, that the late Samuel Owings left, at the time of his
death, a large estate, consisting of real and personal property; and,