544 HELMS v. FRANCISCUS.

so far as the same may be in any manner at variance with the
principles herein laid down for the government of this court be,
and the same are hereby overruled. And it is further Ordered, that
this case be, and the same is hereby referred to the auditor with
directions to state a final account accordingly.

After which, the auditor filed his report made up as of the 26th
of June, 1830, in which he says, that in obedience to this order he
had examined the proceedings; that an extract from the second
account passed by the administrator had been lately filed, from
which it appeared, that dividends of the personal estate had been
allowed on claims Nos. 1, 5, T, 8, 13, 14, 16, 31, 32, 33, 35, 37,
and 43. That he had, therefore, re-stated those claims, and also
stated an additional claim, No. 45, lately exhibited. That he had
also stated an account between the estate of the deceased and the
trustee, in which the proceeds of sale were applied to the payment
of the trustee's allowance for commission and expenses, costs of
suit, and dividends on the claims stated, excluding Nos. 39, 40,
41, 42 and 44, agreeably to the said order, and that he had then
stated a further account, C, in which the principal and interest,
received by the trustee, and now deposited in court, were applied
to the payment of said commissions, costs, and claims, in the
usual manner. By an order, passed on the 5th of July, 1830, this
report was confirmed, and the trustee directed to apply the proceeds
accordingly.

HELMS v. FRANCISCUS.

Where it becomes necessary to have the plaintiffs next friend examined as a wit-
ness, he may be discharged for that purpose, and another appointed in his place.—
It is the duty of the court, for its own safety, and for the benefit of all concerned,
to have all its proceedings translated into the English language.—A husband, who
can derive no pecuniary benefit from a decree to account, must, nevertheless, be
permitted to attend, and to except, for the protection of his own rights.—The cases
in which a legacy may be considered as having lapsed.—The residuary legatee
takes all which has not been well and sufficiently disposed of.—The binding and
peculiar nature of the contract of marriage.—To preserve the public peace and
morals, and upon the ground of a stronger policy over-ruling a weaker one, a sepa-
ration of husband and wife may be allowed.—The father is the natural guardian of
his infant children; yet, in some cases, the care of the infant may be committed
to the mother.—A feme covert may, in the prescribed mode, contract fer her pro-
perty, or, in equity, dispose of her separate estate.—The nature of a separate
maintenance and of pin-money.—A separate maintenance may be awarded on the