408 COLEGATE B. OWINGS' CASE.

and authority to make, execute, acknowledge, and deliver accord-
ing to law a deed of conveyance as hereinafter described, in the
name and behalf of the said plaintiff Colegate D. Owings, unto the
said Charlotte C. D. Owings.

And it is further decreed, that the said plaintiff Colegate D.
Owings forthwith execute, acknowledge, and deliver, according to
law, by her said guardian William Gwynn, unto the said defendant
Charlotte C. D. Owings a good and sufficient deed, thereby con-
veying all the real estate of the said plaintiff Colegate D. Owings
in the proceedings mentioned, called " John & Thomas* Forest,"
unto the said defendant Charlotte C. D. Owings, her heirs and
assigns for ever; and also by the same deed conveying, transferring,
and making over unto the said defendant Charlotte C. D. Owings,
her executors, administrators and assigns, all the personal property
of the said plaintiff Colegate D. Owings, which shall be and
remain at the time of her death. And in the said deed of convey-
ance it shall be expressly stipulated and declared, that the same
shall in no respect take effect or have any force or operation what-
ever during the lifetime of the said plaintiff Colegate D. Owings ;
but the same shall take effect and be in full force and operation
upon and immediately after the death of the said plaintiff Colegate
D. Owings. And it shall be further expressly stipulated and
declared in the said deed of conveyance, that if the said defendant
Charlotte C. D. Owings shall die without leaving any lawful issue,
in the lifetime, and before the death of the said plaintiff Colegate
D. Owings, then and in that case the said deed of conveyance and
every part thereof shall be utterly null and void to all intents and
purposes whatever.

And it is further decreed, that the said defendant Charlotte C. D.
Owings pay unto the said plaintiff Colegate D. Owings her full
costs expended in this suit, to be taxed by the register.

Soon after the passing of this decree the plaintiff died, and yet
an appeal was prayed in her behalf, and "the case taken to the
Court of Appeals. After which, by a petition signed by one of her
solicitors the court was asked to pass an order directing the defend-
ant to pay the costs as taxed by the register.

8th November, 1828.—BLAND, Chancellor.—It may not be amiss
here to observe, by the way, that in England an appeal from a
decree in chancery may be had at any time within five years, with