520 HELMS v. FRANCISCUS.—2 BLAND.

The settlement is made upon the wife and her legitimate and illegitimate
children; the Act of Assembly having given to bastards a capacity to
take from their mother as heirs or next of kin.

THIS bill was filed on the 14th of September, 1818, by Anna
Gebetha Margaretta Wandelohr, formerly of Chambersburg, in the
State of Pennsylvania, but then of the City of Baltimore, against
John Franeiscus and Philip B. Sadtler. The bill stated that the
plaintiff's brother, Carsteu Newhaus, on the 20th of June, 1816,
made his last will, according to law, in which he disposed of his
estate in the following words:

"I give and bequeath unto my nephews, Carsten Newhaus, John
Newhaus, and Jacob Newhaus, all of Baltimore County aforesaid,
children of my deceased brother, John Newhaus, the sum of
$4,000, to be equally divided between and amongst them, that is
to say, to each of them the sum of $1,500. Item, I give and
bequeath unto my nieces and nephews, namely, Anna G. Bowers,
Betsy A. Bowers, ———Bowers, Henry A. Bowers, and John D.
Bowers, the three daughters and two sons of my late sister,———
Bowers, of Bremen, deceased, the sum of $7,500, to be equally
divided between and amongst them, that is to say, to each one of
them the sum of $1,500. Item, I give and bequeath unto John
Eathean, of Baltimore County aforesaid, the sum of $600; and I do
request and direct, that the several legacies herein before be-
queathed be paid out of my estate, by my executors, hereinafter
named, as soon as conveniently may be after my decease. Item, I
give, devise and bequeath unto my sister, Anna G. M. Newhaus,
of Chambersburg, in the State of Pennsylvania, her heirs and as-
signs, all the rest, residue, and remainder of my estate and prop-
erty of every description, of whatsoever it may consist, or whereso-
ever situated or being; to hold the same to nay said sister, Anna
G. M. Newhaus, her heirs and assigns forever. And lastly, I do
hereby constitute and appoint John Franeiscus and Philip B.
Sadtler executors of this my last will and testament."

The bill further stated, that on the 24th of June, 1816, after
having made this will, Carsten Newhaus died; that the will was
proved on the 29th day of the same month, and letters testamen-
tary * granted to the two executors, these defendants; who
546 had accordingly got: into their possession personal estate of
the intestate to a much larger amount than was necessary for the
payment of his debts, and the legacies so given to his nephews and
nieces, and that the plaintiff was the sister of the testator men-
tioned in his will, who then resided, as therein stated, in Cham-
bersburg, in the State of Pennsylvania. The bill further stated
that the testator was, at the time of his death, and for about
seven years before, connected with the defendant Franeiscus as a
partner in the business of a sugar refinery, under the firm of New-