4 CRAPSTER v. GRIFFITH.—2 BLAND.
in that decree. A decree of the Court of Appeals, sent to the Court of
Chancery to be executed, cannot be there revised or modified in any
material particular.
THIS bill was filed on the 20th of September, 1809, by Bazil
Crapster and Harriet his wife, against Lyde Griffith—It states,
that Vachel Dorsey died in the year 1795, leaving a widow Ann,
and two children John H. Dorsey, and the plaintiff* Harriet; that
the intestate died seized and possessed of considerable real and
personal estate; that letters of administration, on his personal
estate, were granted to his widow and Luke Pool, but that all the
assets, and the actual conduct of the administration, passed into
the hands, and was performed by the widow: that, some time
early in the year 1798, she married the defendant, after which, on
the. 25th of April in the same year, they settled a final account
with the Orphans' Court, shewing a balance of £503 11s. 3 1/4d. due
to the estate; that John H. Dorsey, the son of the intestate, died
some time in the year 1798, under age and intestate; after which
Luke Pool died, leaving the then wife of the defendant as the sur-
viving administratrix, that the defendant, soon ai't.er his marriage
* with Ann, was appointed, by the Orphans' Court, guardian
6 of the plaintiff Harriet, and took possession of her real and
personal estate accordingly; that Ann died, some time in the year
1807, leaving the whole surplus, and all the personal estate of her
intestate, which remained in specie, in the hands of her husband
the defendant; that the defendant, after the plaintiff Harriet at-
tained the age of sixteen, under an assurance, that she was only
entitled to a portion of her father's and brother's estate, in money
according to the inventory, rendered to her an account shewing a
balance of only about £230; and obtained from iiera release; which
account was erroneous; and the release was obtained from her un-
duly and improperly: the consideration therein expressed never
having been paid or satisfied; that the personal estate of the in-
testate consisted of negroes, stock, and other specifics, which were
returned in the inventory at a very low valuation: and all which by
offspring or otherwise, greatly increased in value; and that the plain-
tiff Harriet, during a great part of her minority, lived with her
grandmother, and was not maintained or educated by the defend-
ant. Whereupon the bill prayed, that the defendant might be de-
creed to deliver up the full share of her father's and brother's per-
sonal estate; and to account for the rents and profits of her real
and personal estate, &c.
tent to mislead or deceive that other, and embarrass him in obtaining his
right, the effect must be the same. Ibid. But the rule does not apply if the
goods intermingled remain capable of identification, or if they are of the
same quality or value, as where guineas are mingled, or grain of the same
quality. Ibid.
|
|