COLEGATE D. OWINGS' CASE.—1 BLAND. 373

tional absolute estate in the whole, the plaintiff then openly
avowed her determination to make no will; to die intestate, and
ro leave her property to pass and be distributed according to law.
The defendant admits these facts; but alleges and insists, that
four of her sisters having been amply provided for by the late
Thomas C. Deye their uncle, the plaintiff promised the late John
C. Owings, the defendant's father, that she would give her estate
to the defendant. In consequence of which, and in confident re-
liance upon that promise, her father made his will, in the manner
he did, leaving the defendant nothing more than a mere token of his
affectionate recollection. And the defendant avers, that the deed
of the 15th of June, 1824, was made with a view to and in fulfil-
ment of that promise.

From the proofs it appears; that John C. Owings and the plain-
tiff his wife during their marriage had eight children, who sur-
vived him; and that he had a large estate consisting of real and
personal property within this State and elsewhere; that his uncle
the late Thomas C. Deye, was seized of a considerable real estate:
which by his last will he devised to f'oui of the daughters of his
nephew John C. Owings, each of whose share contained from four
hundred and fifty to six hundred acres of land, the least of which
was estimated as worth about $16,000; that John C. Owings, the
late husband of the plaintiff, by his will, and otherwise, gave the
whole of his real and personal estate to his two sons Thomas D.
Owings and John C. Owings; except some personalty, which he
gave to his wife, and some other property, which he gave to his
daughters in payment of a debt he oweil them. The property he
gave to his son Thomas is said to have sold for 820.000.

In his will the late John C. Owings, the father of the defendant,
says—"I give to my daughter Charlotte Deye Owings a family
Bible and a spinning wheel as a token of my affection, it being my
* desire and expectation, that her mother will provide for
her, she \ia\ ing fully in her power to do so. Item. I give 399
unto my four daughters Mary C. Nesbit, Charcilla Cockey Deye
Owings, Penelope D. Price, and Frances Thwaites Deye Owings,
one family Bible each, they having been heretofore provided for
by my uncle the late Thomas Cockey Deye."

Thus it appears to have been the intention of the testator John
C. Owings so to dispose of his property as that the provision for
each of his children, noticed in his will, should be entirely or
nearly equal. That is, of his eight children, he himself provided
for two; his uncle had portioned four; and a seventh he left to be
provided for by her mother. Of his eighth child, Cassandra, he
takes no notice in his will; she had married, disposed of herself,
and was then resident at a great distance from him. It appears in
proof, that the "desire and expectation," thus expressed by this
testator, and the exclusion of his daughter Charlotte from any