298 REBECCA OWINGS* CASE,
erf June, 1803, the day on which the testator's will was authen-
ticated.

Whereupon it is decreed, that the report of the auditor be con-
firmed; that William Owings forthwith pay, or bring into this
court to be paid unto John Cromwell, for the use of Rebecca
Owings, the sum of $6476 91, together with legal interest on
$3834 67, part thereof, from the 13th day of the present month,
until brought in or paid; that John Cromwell and Urath his wife
are hereby appointed trustees of the property of Rebecca, with full
authority to demand, receive and apply the same towards her main-
tenance and for her benefit, under the directions of this court;
which property and money they shall deliver up, pay or bring into
court, as may be required; and they shall render an account
thereof on oath to this court from time to time, at least once in each
and every year during the life of Rebecca, or until the further order
of this court; that John Cromwell, before he and the said Urath
Ms wife shall enter upon the duties of this trust, give bond to the
State, in the penalty of fifteen thousand dollars, with surety to be
approved by the Chancellor, for the faithful performance of the trust
reposed in them by this or any future decree or order in the pre-
mises ;—and that the defendant pay to the plaintiffs their full costs,
to be taxed by the register.

Upon the application of the plaintiffs a fieri facias was on the 3d
of April, 1828, ordered in general terms on this decree, but it does
not appear that it was ever executed or returned. On the 6th of
January 1830, John Cromwell, one of the plaintiffs, by his petition
stated, that Rebecca Owings died on the 19th of August 1828;
that he had maintained her in his house, with every comfort, dur-
ing eighteen years prior to her death; and had often attended her
in his professional character of a physician; that he had expended
considerable sums of money in fees to lawyers, and costs of suit in
defending her rights and interests; and that no part of the amount
decreed to her had been paid. Upon which he prayed, that the
whole amount of his account might be ordered to be paid out of
the sum of money so decreed to the late Rebecca Owings.

12th January, 1830,—BLAND, Chancellor.—The sum decreed to
the late Rebecca Owings should have been paid to her trustees as
directed by the decree; but that not having been done, as is
alleged by this petitioner, and the case having abated by the death
of Rebeccay it must be regularly revived before the decree can be