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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 580   View pdf image (33K)
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580 ADDISON v. BOWIE.—2 BLAKD.

for their true construction; and in regard to the personal estate of
her deceased husband referred to the accounts of his executors,
passed by the Orphans' Court, and submitted the claims of the
plaintiff's to the decision of the Chancellor. On the same day the
infant defendants tiled their answers by their guardian ad litem, in
which they say that they have no particular knowledge of the
* matters stated in the bill, pray that their interest may be
611 protected, and leave the plaintiffs to prove their case.

After which the case was brought before the Court, and with
the consent of the solicitors of the parties, the following decree
was passed:

BLAND, C., 2d October, 1829.—Decreed, that this case be, and
the same is hereby referred to the auditor, with directions to
take an account of the estate of the late William Bowie, of Walter,
which has come into the possession of the defendants William D.
Bowie and John Contee as his executors or otherwise. And that
the auditor also report the gross value and annual value of the
estates of Baruck Duckett, deceased, which, by his last will and
testament, was devised to William Bowie. of Walter, deceased, for
life, with the power of appointing or disposing of the same to and
amongst his children, and of the several parcels thereof which are
devised or disposed of by the last will and testament of said Wil-
liam Bowie, of Waller, deceased. And also the gross value and
the annual value of the estate of the said William Bowie, of Wal-
ter, deceased, and of the several parts or parcels thereof, which are
devised by his last will and testament to and amongst his children
respectively. And also the amount of the debts of the said William
Bowie, of Walter, deceased, which yet remain unsatisfied. And
the said auditor is also required to report the ages of the widow
and children of the said testator, and what would be proper allow-
ances to be made for the support of the testator's family and the
complainant Eliza. And whether it would be to the interest and
advantage of the said defendants "Walter and Kitty to take under
the will of their grandfather, or under the will of their father. And
the auditor is required to state such other accounts, and report
such other facts and circumstances in relation to the matters in
issue, as may be required by either party. And shall make his
report from the evidence already in the case, and such other testi-
mony as shall be produced before him by either party, on giving
the usual notice. And either party shall have liberty to take dep-
ositions of witnesses before a justice of the peace, on giving three
days' notice thereof to the adverse party, or their counsel. All
equity to be reserved for final hearing.

After which, the auditor, by his report bearing date on the first
day of May, 1830, says, that in obedience to this decree, and after

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 580   View pdf image (33K)
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