COLEGATE D. OWINGS* CASE. * 407

if she were dead.(k) And it is equally clear, that if she were now
in her sound mind she herself might comply with this promise
either by a last wiD devising her property to the defendant; or by
a deed to take effect after her death.(l) But she is not now, nor
is she ever likely again to be in a mental condition, understand-
ingly of herself, to execute any such instrument as can pass any
right in her property. It has, however, been expressly provided,
that persons non compos mentis seized or possessed pf any lands
bound by an agreement to convey, made by some person having a
right to make such agreement, and therefore liable to a decree for
conveyance on a suit for specific performance, shall convey and
assure such lands in such manner as the Court of Chancery shall
direct ;(m) and that in all cases where a decree shall be made for a
conveyance, and the party shall neglect to comply therewith, such
decree shall be considered to have the same operation as if the
conveyance had been executed conformably to such decree.(n)

Upon the whole, I am, therefore, of opinion, that there is now
no other course left but to appoint a guardian for the plaintiff, who
shall be directed to execute, in her name, to the defendant such a
deed as shall be deemed a sufficient specific performance o'f her
promise, to take effect after her death.

Whereupon it is decreed, that the said defendant, Charlotte C.
D. Owings, be and she is hereby directed and required forthwith
to bring into this court the original instrument of writing in the
proceedings mentioned, purporting to be a deed made by the said
plaintiff, Colegate D. Owings, unto the said defendant. Charlotte C.
D. Owings, on the 15th day of June 1824, to be cancelled and
annulled; and the same is hereby declared to be null and void;
and the record which hath been made of the said instrument of
writing among the land records of Baltimore County Court shall be
and the same is hereby declared to be utterly void and of no effect
whatever, because of the said instrument of writing having been
obtained from the said plaintiff Colegate D. Owings by fraud and
at a time when she was non compos mentis.

And it is further decreed, that William Gwynn of the city of
Baltimore be and he is hereby appointed guardian of the said
plaintiff Colegate D. Owings for the purpose, and with full power

(fc) Goilmere v. Battison, 1 Vern. 48.—(1) Drakeford v. Wilks, 3 Atk. 540.
(*) 177S, ch. 7, s. 1; 4 Geo. 2, c. 10; Kilt. Rep. 249; Bullock v. Bullock, 1 Jac,
& Wal. 583.-—(n) 1785, ch. 72, s. 13; 1826, ch. 159.