296 REBECCA OWINGS' CASE.

maintenance he endeavours to make as unalterably and imperisha-
bly certain as the nature of things would admit. His son William
was to take the estate he gave him expressly upon the condition,
that he maintained Rebecca, William has taken the estate; and,
consequently, he has assumed this duty to Rebecca, and has become
personally bound to her, in consideration of the estate he has thus
taken and now enjoys. But this condition is not confined to Wil-
liam Owings personally and only; it is extended to " the person
or persons to whom the estate may eventually pass." It is a con-
dition, that runs with the land; and is a continuing charge upon
it.(&) It is an incumbrance to which the land is liable in the
hands of every one, (not having a better title than the devisor,)
during the life of Rebecca. This charge upon the land devised to
William Owings cannot be deemed a rent of any description; nor
can it properly be considered as an annuity; because by an annuity
the person alone is charged; no land is encumbered with it. But
here the land is charged, and the person only in respect of the
enjoyment of that land. This devise, therefore, has given to
Rebecca & particular interest in the land.(l) It has imposed upon
it an incumbrance, which follows it into the hands of William and
every other holder during the life of Rebecca. It is a kind of
legacy, the punctual payment of which this court will, and, per-
haps, only can enforce.

It is then clear, that these plaintiffs are properly here; and that
they ought to obtain relief: the mode in which it should be
granted is the only remaining enquiry. Under the general prayer
the court is left free to adopt any mode by which it can most rea-
dily and effectually administer that relief which the equity of the
case demands. Where the relief asked is maintenance; a subsist-
ance for one who is utterly unable to take care of herself; and it
is determined to be equitably due; the court should, if practicable,
leave no room to escape from or palter with its mandates. When
helplessness is to be furnished with bread, the judgment which
awards it should be clear, prompt, and easily enforced.

According to the common law, if a party brought his writ of
annuity, and obtained judgment, that judgment stood as a security
as well for the amount then due as for that which should thereafter

(k) The Mayor of Congleton v. Pattison, 10 East, 130; Powell's Case, Nelson,
202; Elliot v. Merryman, Barn. Ch. Rep. 82.—(1) Clark v. Ross, Dick. 529; Pow.
Mort. 221,10S2; Co. Litt. 4,122; West v. Biscoe, 6 H. & J. 460; Attorney General
v. Christ's Hospital, 8 Bro. C. C. 165.