548 HELMS v. FRANCISCUS.

and that a certain property in Germany had devolved upon the late
John Newhaus, the brother of the testator, the one-third of which
on his death vested in his wife, the defendant Susan, who with her
then husband now probably alive, assigned her interest to the tes-
tator; by virtue of which his executors these defendants, have
received a large amount; that the executors have not yet ac-
counted for the property received by them or paid to the plaintiff
Anna, the amount to which she was entitled as residuary legatee.

If It further stated, that legacies had been given by the testator in
his will to the defendants Carsten Newhaus, John H, Newhaus,
and Jacob Newhaus, who were then infants; and as such the de-
fendant Franciscus had been appointed their guardian. That the
testator's sister —— Bauers, of Bremen, never had but one child,
the defendant Anna G. Bauers, now an infant; and that the other
legatees, designated as her four other children, never did exist
either before or since the testator's death; and consequently, the
right to that which had been so given to them by the testator de-
volved upon, and vested in the plaintiff Anna as residuary legatee.
But that the defendant Franciscus had caused himself to be ap-
pointed guardian, not only of the defendant Anna G. Bauers, but
of the other four supposed infant persons; and had as guardian,
retained the sum given to them, and refused to account for or to
pay it over to this plaintiff Anna; and that a legacy had been also
given to the defendant John H. Rathean.

This bill further stated, that the plaintiff Anna having been

indebted before her marriage in the sum of $636 32, to the plain-
tiffs Sumwalt and McFarren; after her marriage with the defendant
iewt's Helms, and before their separation assigned their interest in
her residuary legacy for so much as was necessary to secure the
satisfaction of that debt with interest from the 12th August, 1819;
and to the extent of which debt they now here claim as plaintiffs
in this suit. Upon all which the bill prayed that the defendants
Franciscus and Sadtler might be ordered to account with the plain-
tiffs; and that they might be ordered to pay to Sumwalt and
McFarren the amount of their claim, and to the plaintiff Anna
the remainder of the residuary legacy due to her, to be settled oa
her as the court should direct; and for general relief, &c.

On the 25th of April, 1825, an order of publication was passed
warning the absent defendants Lewis Helms, Anna G. Bauers, and
Jacob Huber, to appear on or before the 15th day of August, 1825,
and shew cause why a decree should no,t pass. The editor of the