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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 583   View pdf image (33K)
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ADD1SON v. BOWIE.—2 BLAND. 583

real estate devised to Richard D. Bowie, may be valued at

$18,900; and the annual value thereof, at $750; and the personalty
devised to him, is valued at $4,187.14.

The auditor further reports that, from the testimony, it appears,
that Ann I). Bowie, the widow of the deceased was at that time,
forty-five years of age; that the complainant Eliza, was twenty-
one years of aye; that the defendant Walter, was eighteeen years
of age; that the defendant Kitty, was fourteen years of age; and
that the defendant Richard, was five years of age. That a reas-
onable allowance for the support of the testator's family, residing
at the mansion house, would be the sum of 81,000 per annum; that
the sum of $503.75 per annum, would be a reasonable allowance
for the maintenance and education of the defendant Walter, who
is now at a boarding school; that the sum of $468.75 per annum,
would be a reasonable allowance for the maintenance and educa-
tion of the defendant Kitty, who is now at a boarding school. And
that the sum of $443.75 per annum would be a reasonable ailow-
auce for the maintenance of the complainant Eliza. And as no
moneys have been advanced to her since her marriage, the auditor
reports, that the sum of $695.21 would be a reasonable allowance
to be made to the complainant for her maintenance, from the time
of her marriage to this date.

The auditor further reports, that it will be the interest and ad-
vantage of the defendants Walter and Kitty, to take under the
will of their father. The testator Baruck, devised certain lands
to the testator William, for life, with a power to devise it to cer-
tain of his children; and also beqeathed one-third of his negroes
and stock of all sorts, to the younger children of the testator Wil-
liam, by his. then wife. The testator William, after referring to
the will of the testator Baruck, devised those lands to his son
Walter, and * his daughter Kitty; and then declared that
his wife and daughters, and her son, should have a home at 615
his mansion house, &c. The auditor understands, that the guar-
dian for the said Walter and Kitty, contends that the last will of
Baruck Duckett, deceased, conferred on the testator William, a
power of appointment merely: and that the said Kitty and Wal-
ter, as his appointees are seized of the absolute fee simple of the
real estate of the said Baruck, freed from the charges for the pay-
ment of debts and support of the family, which the testator Wil-
liam, has attempted to impose thereon. The other devisees of the
testator, William, insist, that the said Walter and Kitty cannot
claim the aforesaid real estate, in any other manner than as it is ,
devised to them; or if they can and will claim the said real estate,
free from the aforesaid charges, then they must abandon all other
benefit which might otherwise accrue to them from the will of their
father.

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 583   View pdf image (33K)
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