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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 579   View pdf image (33K)
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ADDISON v. BOWIE.—2 BLAND. 579

it is further my will, that all the property be kept together, and
worked by the family slaves, until my son Walter shall arrive to
full age; for the support of the family, the whole of tlte net profits,
after payment of my debts, to be equally divided between my
children, Eliza, Walter, Kitty, and Richard. I give and bequeath
all my furniture to my wife and my five children, specifically, share
and share alike. I give and bequeath to my wife the following
negro slaves, viz: Jerry, Little Jerry, Ben, Reuben, and Cato, and
Rachael and Milly, that came by lus wife, aud Maria. All the
residue of my personal estate I give and bequeath to my wife and
her son, and to my children, Eliza, Walter and Kitty, specifically,
share and share alike. And lastly, I do hereby * appoint
my son, William D. Bowie, and my friend, John Coittee, 610
Esq. joint executors of this my last will and testament."

The bill further states, that soon after making this will, William
Bowie, of Walter, died; that on the 15th of September, 1826, it
was proved according to law, aud letters testamentary granted to
the executors, these defendants William D. Bowie and John Con-
tee, who took possession of, and have used and cultivated the tes-
tator's real and personal estate; that the testator, at the time of
his death, left a widow, the defendant Ann, and the defendants
William, of full age, and Walter and Kitty, and the plaintiff
Eliza, his children by his former wife, the daughter of the testator
Baruck, and the defendant, Richard, a child by his second wife,
the defendant Ann, who were infants under twenty-one years of
age; that the executors have fallen into several errors as to the
true construction of the will of their testator, and have accordingly
applied it to the prejudice of the plaintiffs; that the family have
resided at the mansion house, and have been supported out of the
profits of the estate, as directed by the will of the testator William
until some of the children were sent out to school, and that the ex-
ecutors had made no allowance to the plaintiff Eliza for her main-
tenance, &c. Whereupon the bill prayed that the will of the tes-
tator William might be carried into effect under the direction of
the Court; that the executors might be ordered to account, and
that the plaintiffs might have such other relief as the nature of
their case might require.

On the 10th of July, 1829, the defendants William D. Bowie and
John Contee put in their joint answer, in which they admitted the
marriage of the plaintiffs and the wills of the testators Baruck and
William; that they had obtained letters testamentary under the
-will of the latter; had taken possession of his estate, and settled
with the Orphans' Court accordingly; that the real aud personal
estate of the testator William had been kept together, and the
family supported as directed by his will, &c.

The defendant Ann D. Bowie, on the 29th of September, 1829,
put in her answer, in which she referred the Court to the two wills

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 579   View pdf image (33K)
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