TOWNSHEND v. DUNCAN. 47

be done them, that an account may be had, that the said land may
be sold; and under the direction of this court, the proceeds thereof
applied to the payment of their annuity, with costs of suit; and
the balance so invested as to stand an answerable fund to meet
future instalments of said annuity; or that such other relief may
be given to them as to the court may seem meet; and to the end
that answers may be filed to all and singular the premises, to
grant subpoenas, &c.

6th October, 1826.—BLAND, Chancellor.—The defendants Wil-
liam J. B. Duncan and Caroline Duncan, and Joseph Robinson,
having been returned summoned, and not having appeared, or filed
their answers within the time allowed by the rules of the court, it
is DECREED, that the plaintiffs are entitled to relief, but as it does
not appear to what relief they are entitled, it is Ordered, that a
commission issue to such person as the complainants may name to
take testimony to ascertain to what they are entitled, (a)

The plaintiffs, by their petition, stated, that the defendant
Thomas Iglehart, had died since the commencement of this suit;
and that administration de bonis non upon the estate of the testator
William Duncan, had been granted to John Iglehart. Whereupon
they prayed that he might be accordingly summoned as a defen-
dant, (b)

8th March, 1827.—BLAND, Chancellor.—Ordered, that the said

John Iglehart, be, and he is hereby made a party defendant, as

prayed; and he is hereby directed to be summoned accordingly, to

appear on the 10th day of April next; provided, that the summons

be served as the law requires, on or before the twentieth instant.

After which, John Iglehart having been summoned, and having
failed to appear and answer, a decree was, on the 2Oth of
ber, 1827, passed against him similar to that of the 6th of Decem-
ber, 1826. Under which decrees a commission was issued, in
execution and return of which, the commissioners said that the
solicitor of the plaintiff had produced and filed a certified copy of
the last will and testament of William Duncan, which together
with the commission, he returned and filed, on the 31st of Decem-

(a) It is declared that wherever a subpoena shall be returned summoned, as to all
or any of the defendants, making no distinction in favour of infant, the court must
enter an interlocutory decree, &c, 1820, ch. 161, s, 1,—(6) 1820, ch, 161, s. 5.