TOWNSHEND v. DUNCAN. 69
been common in all cases, where there were any peculiar circum-

and returned an inventory and list of debts, to the commissary's office, in which she
failed to include many articles of property of great value, and several good debts due
to the intestate, and had sold seven of the negroes belonging to the estate of the
intestate. That she had afterwards intermarried with Edward Fottrell, who,
although he had notice of the omissions in the inventory and return of the said Ach-
sa, had failed to make any return thereof, as he ought to have done. That the
said Achsa died in February, 1742, intestate; and afterwards, in the same month,
the said Edward died, having previously by his will appointed Bazil Dorsey and
Alexander Lawson his executors, who, having refused to act as such, administra-
tion, with the will of the said Edward annexed, had been granted to these defendants;
and that letters of administration de bonis non, of the intestate Amos; and of admi-
nistration of the intestate Achsa, had been also granted to these defendants. That
the plaintiffs had been put to school a very little time, and had no other means to
defray the expense of their schooling and maintenance. And that the defendants
had sold the greater part of the negroes belonging to the estate of the intestate Amos.
Whereupon it was prayed, that the defendants should be compelled to make up a
full account of the estates of the intestates Amos and Achsa, and deliver to the
plaintiffs their distributive part thereof; and in the mean time to give and allow to
the plaintiffs a maintenance and education according to the interest and profits of
their estate; and that they might be relieved in all and singular the premises.

The defendant Chapman by his answer admitted the death of Amos Woodward;
that the plaintiffs were his children; that administration had been granted, as stated
in the bill, to Achsa, her marriage, and the death of her and her husband Fottrell;
and the administration granted on their estates to these defendants : but denied, that
any administration de bonis non had ever been granted, as charged, on the estate of
the intestate Amos. This defendant denied that there was any crop begun and
growing on the plantation of the intestate Amos, at the time of his death: and
further, that this defendant knew nothing of the nature and amount of the estate
which had come to the hands of the administratrix Achsa, or her husband Ed-
ward; or how that which had, as was alleged, come to their hands, had been ad-
ministered. Other matters were set forth by this defendant, who, in conclusion,
stated, that he was willing to account and pay under the direction of this court.

The defendant Gale answered to the same effect; and admitted, that a sea vessel,
belonging to the intestate Amos, had, since bis death, been sent to Barbadoes, and
had brought back a cargo of rum, &c. which had come to the hands of the adminis-
tratrix Achsa. This defendant also admits, that there was on the plantation of the
intestate Amos a small quantity of wheat in hand, or begun at the time of his death.
And that the administratrix did sell and dispose of, upon credit, several negroes, be-
longing to the estate of her intestate, viz: Sarah and her sucking child, Jacob, Bo-
son, Betty, Boson, ailing, and Beck, for £ 162 sterling; which were appraised to
£ 140 current paper money. [Bills of Credit under the act of 1733, ch. 6,] But this
defendant knows nothing of the manner in which the administratrix Achsa adminis-
tered or accounted for the estate of her intestate which came to her hands. This
defendant concludes by declaring his readiness to account as the court may direct, &c.

February, 1743.—BLADEN, Chancellor.—Ordered, with the consent of the defen-
dant Gale, that an allowance of £40 currency be paid to the guardian of Mr.
Woodward's children, for the maintenance of the said children until the next
court; and that such sum be deducted out of such part of the estate as shall appear
to be due to them.

10 v.2