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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 8   View pdf image (33K)
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8 CRAPSTER v. GRIFFITH.—2 BLAND.

credited by the usual allowance for the said John H. Dorsey's

board, clothingi and tuition, viz: the yearly profits and interest of

Ms real and personal estate respectively; and, also by Ms wife's

one-half * of the balance. This part of.the account shews

10 the sum of $68.25, to be the complainant's wife's share of
her deceased brother's net personal estate, other than slaves as
aforesaid.

The auditor has then stated account No. 3, in which the de-
fendant is charged with the complainant's wife's share of her de-
ceased brother's net personal estate, other than slaves; with her
said proportion of the rents and profits of the real estate; with her
said proportion of the net personal estate, other than slaves, and
of the interest of the whole net personal estate to the 19th of De-
cember, aforesaid; and lastly, with interest on the two last year's
rent of the real estate, from the day and year respectively, on
which they became due to the 19th of December, 1813. He is then
credited by the usual allowance as aforesaid, for the board,
clothing and tuition of the complainant's wife, and by the negro
girl, cash, and sundry articles stated to have been paid to her, by
the defendant, as the consideration of the release vacated by the
decree. The defendant, however, is not credited by the land, said
to have been at the same time, and for the same purpose given to
the complainant's wife at $100; because it does not appear from
the proceedings, that the said land, or any other was ever con-
veyed to her. This account then shows a balance due on the 19th
of December, 1813, to the complainants of $41.88.

The auditor has then stated account No. 4, first stating from the
testimony, taken in virtue of the commission, an estimate, marked
A, of the value, at the time of executing the said commission, of
the personal estate which consisted of slaves, together with their
increase, in which the defendant is charged with all the slaves,
and credited by one-half of them in value in kind in right of his
deceased wife. This last account gives seven negro slaves therein
named, most of them children, to the complainants, and four of
full age to the defendant.

The auditor begs leave to remark, that if the improvements for
which the defendant claims an allowance have given any additional
value to the real estate, which from the testimony is extremely
doubtful, he is of opinion, that their cost as well as every other
incidental expense, not allowed him in the accounts aforesaid, have
been fully reimbursed by his holding the net personal estate, other
than the slaves, at their appraised valuation, which is clearly
proved to have been a very inadequate one. He has to remark,
also, with reference to the interlocutory decree, that if the ac-
counts had been stated conformably to the principles there sug-
gested, the * result would have been precisely the same.

11 He therefore begs leave to report, that the complainants.

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 8   View pdf image (33K)
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