620 ADDISON v. BOWIE.

does not appear that William, the father, ever claimed any al-
lowance for the maintenance of these, his infant children, out of
the legacy given to them; nor has it been shewn that his fortune
was not amply sufficient to maintain all his children; or that there
were any special circumstances upon which he could have rested
such a claim of an allowance for maintenance out of the legacy of
negroes and stock given to his infant children; therefore no such
allowance can be made. And as the negroes were held for them,
by their father, as their natural guardian, he must be held accounta-
ble to them for their profits accordingly. (f)

By the last of these three clauses of the will of the testator
Baruck, the legacy of the one-third of the negroes is given to the
rest of the children as they arrive at age; that is, sixteen for girls.
And consequently this one-third of the negroes vested in equal
shares in each of these children, who were in being when the
eldest of them reached the age designated by this testator as the
point of time when the whole of that third should vest and be
distributed. Before that time all these children of this testator's
daughter Kitty had come into being; and, therefore, this one-
third of the negroes, with their profits so vested in them at that
time, must be awarded to them accordingly, (g)

The second of these wills is, that of the late William Bowie,
of Walter. There are several provisions of this will, not now
necessary to be considered; but those clauses of it which have
been the principal causes of involving these parties in this con-
troversy are expressed in the following words:

'My father-in-law, the late Baruck Duckett, having devised his
dwelling plantation to me during life, and also the land called
Jeremiah and Mary, and the resurvey thereon, with power and
authority to me to designate any one or more of my children by
his daughter, and to devise it to them in fee at my discretion, I do
devise the same to my son Walter Baruck Bowie and my daughter
Kitty) their heirs and assigns forever, in the following proportions,
that is to say, to my daughter Kitty Bowie I give and devise three
hundred and fifty acres of my dwelling plantation, to be laid off in
convenient and proper form at the corner of my plantation next
adjoining the lands of my brother Walter and Gabriel Duvall, to

(f) Jackson v. Jackson, 1 Atk. 514; Hughes v. Hughes, 1 Bro. C. C. 387; Hoste
v. Pratt, 3 Ves. 733; Collis v. Blackburn, 9 Ves. 470; Errington v. Chapman, 12
Ves. 20; Maberly v. Turton, 14 Ves. 500; Jervoise v. Silk, Coop. Rep. 52; 1816, ch.
203, s. 1.—(g) Barrington v. Tristram, 6 Ves. 345.