TOWNSHEND v. DUNCAN. 77

value thereof, from the death of the testator to the present time,
might be estimated at $175. That said land remained in posses-
sion of Deborah Duncan, the deceased's widow, from his death,,
on the 4th of March, 1819, to the latter end of 1824, the time of
her death, say for the space of six years. There was no evidence
of the amount of rents and profits actually received during this
period. The value thereof, according to the proofs, might be
estimated at $ 1150. That from the death of Deborah Duncan,
the rents and profits of the said land had been received by the
defendant Joseph Robinson. And the value thereof, to the 4th of
March, 1829, might be estimated at $600. That Mrs. Duncan
discharged the annuity to the 4th of March, 1820; and the
defendant Robinson had paid the annuity for the years ending
respectively on the 4th of March, 1826; 4th of March, 1827; and
4th of March, 1828. The complainants, therefore claim their
annuity from the 4th of March, 1820, to the 4th of March, 1825,
and from the 4th of March, 1828, to the 4th of March, 1829;
six years, at $60, being $360; and interest on each year as it
became due, amounting to $112 86; being in the whole, $472 86,
And that the plaintiff Anna Maria Townshend, was aged thirty-
three years,, or thereabouts, and enjoyed good health.

The defendants excepted to this report, first, because the audi-
tor had not allowed to the defendants all the credit to which,
by the evidence in the cause, they were entitled; especially the
sum of $20, admitted to have been paid by the late .Mrs. Duncan
over and above the amount credited to her, by the auditor in his
account; second, because there was no evidence whatsoever in the
cause, duly and regularly taken, according to the course of chan-
cery proceedings, by which the said defendants can, in any wise,
be charged or affected, or any decree passed against the infant
defendants and Robinson, or touching or concerning the interest
of said infants or said Robinson in the land in the bill mentioned,
or otherwise; and thirdly, because the said report and accounts
are in other respects erroneous.

After these exceptions had been filed, the plaintiffs admitted,
that the late Deborah Duncan had paid $20, which had not been
credited by the auditor.

On the 25th of July, 1829, the infant defendants William and

Caroline, by their next friend, filed their petition, in which they

stated, that they could prove that Deborah Duncan had been

appointed guardian for them by the Orphans Court of Anne Arun-

11 v.2