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his minority. And this allowance was by the same order directed to be paid to Lady Rachel Morgan, out of the rents and profits of the estate. It was admitted, that no discovery had yet been made of the master's report in obedience to the decree. But it was in proof, that her Ladyship ever understood that an allowance of 500l. a-year had been actually al-[56]-lowed her by the court, and that under this idea she expended on an average not less than that yearly sum on his education; that a part of the settled estate, which amounted to somewhat more than 600l. year, was not included in either of the terms for securing the jointure or maintenance of the younger children, and therefore the rents of that part belonged to Mr. William Morgan during his minority. That the sums of money stated by her ladyship in the second schedule to her examination, to have become due to her for the education of her three younger children, amounted to 9581l. 2s. 1d. and that the money due to her for the maintenance of her eldest son, at the rate of 500l. a-year, amounted to 7463l. 3s. both these sums together amounted to 17,744l. 2s. 4d. Her Ladyship had received when she put in her first examination, 47,500l. 12s. expressly on account of her jointure, and 5411l. 6s. on account of the maintenance of her eldest son and younger children, which 5411l. 6s. being deducted from the 17,044l. 2s. 4d. left a balance due to her Ladyship of 11,632l. 16s. 4d. for the maintenance of all her children.—Besides the above payments, she had received the sum of 18,570l. 2s. 6½d. by general payments, and without its being specified in them, to which of her accounts as jointress, or as guardian of her children, they were made. Her first examination was the only account given by herself, or with her privity, to any owner of the estate; there she deducted the 11,632l. 16s. 4d. from the 18,570l. 2s. 6½d. and applied this 11,632l. 16s. 4d. in discharge of the money due to her for the maintenance of her children. After this, the master made his report of the 13th July 1782, of what remained due on account of her jointure of 2000l. and without adverting to her Ladyship's having detained the 11,632l. 16s. 4d. in satisfaction of her claim for maintenance, he applied the whole 18,570l. 2s. 6½d. in payment of the arrears of her rent-charge. And it was admitted, that if the 11,632l. 16s. 4d. had been paid to her Ladyship expressly for the maintenance of the children, it would still be considered as paid upon that account. Now what was her Ladyship's situation in this respect? she had two claims upon the estate, one as jointress, the other for the education of her children. Money was paid to her generally, without specifying on which of the accounts it was paid. She might certainly elect to which of the accounts she would appropriate it; her receipts being given generally. While the payments on one side, and the receipts on the other, were in these general terms, her election continued undetermined. At length, Mr. William Morgan dying, and the suits upon his father's will being in some respects at an end, her Ladyship then determined to make her election; and she made it by her declaration, that she accepted the general payments, not in part of her jointure, but for the maintenance of her eldest son. Now it is a rule, that when a person makes his election, it relates back, and has a retrospect to the time when the right of election commenced, and is considered to have been made at that time; so that when her Ladyship in giving in her first and her only account, [57] placed the 11,632l. 16s. 4d. to the maintenance account, from that time, the first and every succeeding payment of the 11,632l. 16s. 4d. must be considered as made upon that, and no other account.

But it was objected, that though the payments of which the 18,570l. 2s. 6½d. was composed, might at first seem to be general payments, yet as Lady Rachel's housekeeper applied them in paying house-rent, tradesmen's bills, &c. they ought to be considered as paid on account of the jointure; besides, Lady Rachel by the indenture of the 25th of February 1775, assigned all the arrears of her jointure to trustees for the separate use of Mrs. Jones, and in the schedule annexed to that assignment, she applied these general payments expressly towards the discharge of her jointure, and consequently precluded herself thereby from applying afterwards any part of these general payments to a different account.

To this it was answered, that as between the owner of the estate and the jointress, all these remittances must be considered as general payments in the first instance, however her Ladyship's housekeeper might afterwards apply them; it must be observed, that her housekeepers were no otherwise employed between her and the owner of the estate, than merely to receive the different sums that were