ADDISON v. BOWIE. 611

matters stated in the bill, pray that their interest may be protected,
and leave the plaintiffs to prove their case.

After which the case was brought before the court, and with the
consent of the solicitors of the parties, the following decree was
passed.

2d October, 1829.—BLAND, Chancellor.—Decreed, that this case
be, and the same is hereby referred to the auditor, with directions
to take an account of the estate of the late William Bowie, of
Walter, which has come into the possession of the defendants Wil-
liam D. Bowie and John Contee as his executors or otherwise. And
that the auditor also report the gross value, and annual value of the
estates of Baruck Duckett, deceased, which, by his last will and
testament, was devised to William Bowie, of Walter, deceased,
for life, with the power of appointing or disposing of the same to
and amongst his children, and of the several parcels thereof which
are devised or disposed of by the last will and testament of said
William Bowie, of Walter, deceased. And also the gross value
and the annual value of the estate of the said William Bowie, of
Walter, deceased, and of the several parts or parcels thereof,
which are devised by his last will and testament to and amongst
his children respectively. And also the amount of the debts of the
said William Bowie, of Walter, deceased, which yet remain unsa-
tisfied. And the said auditor is also required to report the ages of
the widow and children of the said testator, and what would be
proper allowances to be made for the support of the testator's
family, and the complainant Eliza. And whether it would be to
the interest and advantage of the said defendants Walter and
Kitty to take under the will of their grandfather, or under the will
of their father. And the auditor is required to state such other
accounts, and report such other facts and circumstances in rela-
tion to the matters in issue, as may be required by either party.
And shall make his report from the evidence already in the case,
and such other testimony as shall be produced before him by
either party, on giving the usual notice. And either party shall
have liberty to take depositions of witnesses before a justice of
the peace, on giving three days' notice thereof to the adverse
party, or their counsel. All equity to be reserved for final hearing.

After which, the auditor, by his report bearing date on the first
day of May, 1830, says, that in obedience to this decree, and after
the usual notice to all the parties, he had attended at his office,