CRAPSTER v. GRIFFITH.

After which it was, by a writing filed, agreed between the par-
ties, that this decree be annulled and set aside; that the accounts
and papers be returned to the auditor; and that further accounts
be stated according to the directions which should be given to him
by either party.

On the 19th of December, 1813, the auditor filed a report in
which he says; that instructions having been filed, on the part of
the complainants; and the service of notice, when he should pro-
ceed to state the account having been admitted by the defendant;
he did proceed accordingly, and having carefully and minutely
examined the proceedings, the testimony and the instructions,he
has first stated account No. 1, in which the defendant is charged
with the rents and profits of the real estate, without interest, up to
the 9th of January, 1811, and credited by his wife's one-third
thereof to the 9th of January, 1808, the day of her death. This
account shews the sum of $201 26, to have been John H. Dorsey's
share of the said rents and profits to the day of his death; and the
sum of $ 1322 63, to have been the complainant's wife's share of
the same rents and profits, to the day on, or about which the pos-
session of the real estate is said to have been delivered to the
complainants.

The auditor has then stated account No. 2, in which the defen-
dant is first charged with the whole balance of the personal estate
remaining, after payment of debts, with interest thereon from the
25th of April, 1798, to the 19th of December, 1813, and cre-
dited by the amount of the appraised valuation of the slaves; by
his wife's one-third of the balance, to the day of John H. Dorsey's
death, and her one-half thereof from that time to the 19th of De-
cember, aforesaid. This part of the account shews the sum of
$194 32, to be John H. Dorsey's proportion of the net personal
estate, other than slaves; and of the interest of the whole net
personal estate to the day of his death; it also shews the sum of
$738 16, to be the complainant's wife's share thereof to the said
10th of December, 1813. In the second part of this account the
defendant is charged with John H. Dorsey's said proportion of the
profits of the real estate; and with his said proportion also of the
net personal estate, other than the slaves, and of the interest of the
whole net personal estate, to the day of his death; and be is cre-
dited by the usual allowance for the said John H. Dorsey's board,
clothing and tuition, viz: the yearly profits and interest of Ms real
and personal estate respectively; and, also by his wife's one-half