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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 160   View pdf image (33K)
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160 WINDER v. DIFFENDERFFER.—2 BLAND.

of said three daughters, then in trust to and for all and every of the
child and children of said daughters, their heirs and assigns, as
tenants in common and not as joint tenants; and such child or
children to have the share of its or their parents, to wit: the one-
third part of said last mentioned premises, leaving the two-thirds
to my surviving daughters; and in case of the death of two of them,
then * leaving the one-third to the survivor, the remaining
170 two-thirds vesting in the issue of my deceased daughters,
per stirpes.

" My poultry I give and bequeath to my dear wife. If the bal-
ance of my personal property be not adequate to the payment of
my debts, after which that has been specifically devised to my dear
wife, I hereby charge the payment of my debts on the property
devised to my three daughters, Sarah Bailey, Ann Martin and
Mary Lee; and not on that devised or bequeathed to my daughter
Catharine Eogers. And it is my will and desire, that my trustees
appropriate the rents and profits of the shares of my said daugh-
ters Sarah Bailey, Ann Martin and Mary Lee, to the extinguish-
ment of my said debts.

"It is my will, that the personal property, to wit: all my house-
hold furniture specifically bequeathed to my wife, as also the plate
to her and her daughter Catharine, and also the three horses, three
cows, hogs, carriage, wagon, and farming utensils be exonerated
from the payment of my debts; but that the same be a lieu, in
the first instance, on the shares given to Mrs. Martin, Bailey, and
Lee.

" I give and bequeath also to my daughter Catharine Eogers six
table spoons marked C. E.

" If any of my children, viz: Sarah Bailey, Ann Martin, Mary
Lee, or Catharine Eogers, die without leaving issue at the time of
their death, or if leaving issue they die without issue before they
arrive at the age of twenty-one years; it is my will, that my trus-
tees, and the survivor of them, and the heirs of such survivor, hold
his, her, or their share or shares, if more than one, in trust to and
for alt my surviving daughter or daughters; and the issue of any
daughter is to be considered as a surviving daughter and to repre-
sent the mother or parent, per stirpes.

"When any limitation in this will is made to children or daugh-
ters, my meaning is, that the same comprise their issue; that is,
my grand, great grandchildren, and so in infinitum. And they are
to take per stirpes, to wit: issue to take any one of my daughter's
share; it being my intention, that no one part or share of my prop-
erty, on the death of any of my daughters, shall go to the surviving
sisters, as long as children or issue shall represent any of my de-
ceased daughters.

"Also my slaves are to be manumitted, notwithstanding my per-
sonal property be insufficient to pay my debts; it being my in-

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 160   View pdf image (33K)
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