584 ADDISON v. BOWIE.—2 BLAND.
And, in conclusion, the auditor further reports and observes,
that the question of election is then supposed to be, whether it will
be more to the advantage of the said Walter and Kitty, to take an
unencumbered fee simple in the said real estate, than to take the
same with the charges imposed by the will of their father, and the
benefits conferred on them by that will. As to the defendant
Kitty. It is clearly for her interest to take under her father's will.
Her share of the real estate of her grandfather Duckett, is valued
at $4,500. The real estate devised to her by her father, is valued
at $8,400; and the personal estate at $4,187.14. The income which
she might derive from the estate of her grandfather, is estimated
at $180 per annum. Her expenses, which have been charged upon,
and have been defrayed out of the profits of the aggregate estate,
are estimated at $468.75 per annum. The real estate of the said
Baruck Duckett, deceased, which is devised to the said Walter
by his father is valued at $17,000. Its annual income is estimated
at $680. The father having died in 1826, and the charges for pay-
ment of debts, and support of the family, being limited to the said
Walter's arrival at age, which will happen in 1832, the value of
those charges may be estimated at $4,080. His expenses, which
are charged upon and have been defrayed out of the profits of the
aggregate, are estimated at $598.75 per annum; or for the term
aforesaid, at $3,562.50. The realty devised by the father, is
valued at $6,200, and the personalty at $4,187.14; making the
advantages to be derived from the father's will, amount to
$13,049.64. All which, is respectfully submitted.
* The complainants excepted to this report and accounts
616 of the auditor; first, because they admit the claims of
Walter and Kitty Bowie to two-thirds of certain negroes devised
by Baruck Duckett to the other children of William Bowie, of
Walter; second, because they assume, that- said two-thirds is to be
used, and their profits accounted for as parcel of said Bowie's
estate; and third, because they make no allowances to the said
other children for the services of said negroes so bequeathed to
them from the death of said Duckett.
The defendants excepted to so much of this report and accounts
of the auditor as allow the complainant's hire for the negroes
left to her by Baruck Duckett before the arrival of her brother
Walter at the age of twenty-one years; because, under the will of
her father, William Bowie, to which the complainants are under-
stood to assent, and under which they make claim to all the prop-
erty left thereby to the complainant Elza, the said negroes were
to be retained and worked by his executors for the benefit of the
whole estate: nothing, therefore, can be claimed by the complain-
ants for their hire; second, they except also to an allowance
being made for the maintenance of said Eliza; because of the
provision made for her at the mansion house; and thirdly, they
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