564 HELMS 9, FRANCISCUS.

ment from Lewis Helms, after the 29th of August, 1823; and as
Lewis Helms could not after that time, when he had consented to
the settlement of the whole upon his wife, have been, nor cannot
now be allowed to take any part of this legacy; Flagler, who only
claims under him, cannot be permitted to take any part of it.
And consequently, without saying any thing of the propriety of
Filer's petition, in other respects, it is perfectly evident that it
must be dismissed with costs.

Whereupon it is Decreed, that the said executors, John Fran-
dscus and Philip B. Sadtler, account with Anna G. M. Helms
and Lewis Helms, her husband, of and concerning the personal
estate of the late Carsten Newhaus, including as a part of the said
residuary legacy, so much of the personal estate as was given by
the last will of the late Carsten Newhaus, to Betsy A. Bauers,
—— Bauers, Henry A. Bauers, and John D. Bauers, the four sup-
posed children of the testator's sister, —— Bauers, of Bremen,
who never did in fact exist, by reason whereof the legacies so given
to them, are void, and have become a part of the said residuary
legacy. And the auditor is hereby directed to state the account
in relation thereto; and also an account of the sums now due, if
any, to each one of the existing specific legatees; and of the sum
due, if any, to the residuary legatee, after deducting therefrom the
principal and interest of the debt due to Joseph Sumwalt and John
McFarren. The said several accounts to be stated by the auditor
from the proceedings and proofs now in the case, and from such
other proofs as may be laid before him. And the parties are hereby
authorized to take testimony in relation to the said several matters
of account, before the commissioners in the city of Baltimore, or
before any justice of the peace, on giving three days' notice as
usual; provided, that the said testimony be taken and filed in the
Chancery office, on or before the third day of August next.

And it is further Decreed, that the whole of the said residuary
legacy, after deducting therefrom the claim of Sumwalt and
McFarren, be invested and settled in trust, so that the annual
rents and profits, interest and dividends, be paid from time to
time, and not by way of anticipation, to the said Anna G. M.
Helms, to her sole and separate use, during her life, and apart from
her husband, Lewis Helms. And if she dies in the life-time of
the said Lewis Helms, then the whole to go according to her
appointment by will; and in case she makes no such appoint-
ment, then the whole to go to her child, children or next of kin,