576 ADDISON v. BOWIE.—2 BLAND.
A legacy to a creditor may, in some cases, be presumed to have been given
merely as a satisfaction of the debt, (c)
The nature of a devise of a right of habitation, (d)
A devise, by a father, "for the support of the family," must include the
suppoi-t of the devisor's widow, with the maintenance and education of
his infant children,
THIS bill was tiled on the 6th of April, 1829, by Edmund B. Ad-
disou, and Eliza D. Addison bis wife, against William D. Bowie,
Ann D. Bowie, Walter B. Bowie, Kitty Bowie. Kichard D. Bo\vie
and John Coiitee. The bill states, that Baruek Duckett, being
seized and possessed of real and personal property of very great
value, on the 16th of July, 1809, made his last will and testament,
which, although not exhibited with the bill, was afterwards pro-
duced and admitted; and so far as it affects this controversy, was
in the following words:
" I give and devise to my son-in-law, William Bowie, of Walter,
the plantation whereon I now dwell, likewise the lands called the
Jeremiah and Mary, and the re-survey on the Jeremiah and Mary,
and ten acres of the land purchased of Henry L. Hall, to be laid
off at the north end, during bis natural life only. In case the said
Bowie should die before his wife Kitty, she bas hereby a right to
remain on, to occupy and enjoy all the aforesaid lands during her
natural life. If either the aforesaid Bowie or his wife Kitty,
should cut down, or suffer to be cut down, the enclosed woods
below my dwelling-bouse for cultivation, their title to cease and
be void for * ever. I hereby authorize the said Bowie to
607 designate any one or more of his children, by bis wife Kitty,
who shall have the fee simple in all the aforesaid lands. My will
being, that the fee should pass to all or any one of them in the
discretion of their father; creating this uncertainty of designation
merely as a motive to good conduct in them all."
"I give and devise to my grandson, William Duckett Bowie,
my Quarter Plantation, with twenty acres of the land purchased of
Henry L. Hall, to be laid off at the south end. In ease the said
William D. Bowie should die, leaving no lawful issue, then my will
is, that my Quarter Plantation, and the twenty acres aforesaid,
should pass to the next eldest son of William Bowie, oi' Walter,
by his present wife Kitty; and if said next eldest sou should
die without lawful issue, in like manner to the next eldest son. as
often as the case shall happen; giving and devising to such eldest
son, in fee simple, as I hereby give and devise to my grandson,
William D. Bowie, in case he should die leaving no lawful issue;
(c) See Partridge, v. Partridge, 3 H. & J. 63; Edelen v. Dent, 2 G. & J. 185;
Waters v. Howard, 8 Gill, 262, note; Spencer v. Spencer, 4 Md. Ch. 464.
(d) Cited in Meakin v. Duvall, 43 Md. 378. See Tolson v. Tolson, 10 G. & J.
159, note (b).
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