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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 1, Page 304   View pdf image (33K)
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304 HIGH COURT OF CHANCERY.

appears to have been stated between the administrator of Wood,
and the estate of Harrison, and as the same person does not
exclusively represent both estates, and there is consequently no
transfer, by operation of law, of the property in the hands of
Plummer, as administrator of Wood, to Plummer and Harrison
as administrators de bonis non of Harrison, it would seem
proper that such account should be stated. Watkins vs. State,
2 Gill & Johns., 220.

In the accounts passed in the Orphans Court, the executor
is charged with various sums for the hire of servants, for rents
of the real estate, and for produce made on the land; and as
these accounts are, prima facie, correct, and as there is no alle-
gation in the cause, that more was received, or ought to have
been received, than the sums thus charged, I do not conceive
myself authorized, ex mero motu, to charge the executor with
additional or greater sums upon proof, which appears to have
been introduced for a different purpose. These accounts, there-
fore, I think, should be assumed to be correct, unless directly
impeached by allegation and proof.

The fourth exception of the widow, Matilda B. Harrison, I
do not think well taken.

Among the provisions made by the testator for his widow, he
bequeathed her his negro man Major, to serve her for three
years after his decease, at the expiration of which period he was
to have the privilege of going to Africa, or remaining here if
the law will permit him; and then the will says, "that all the
rest of my negroes shall serve my wife, under the direction of
my executor, for the interest of my estate, for the term of three
years," and after that time, and as the negroes attained the
ages designated by the testator, they were to have the privilege
of going to Africa.

There was a previous devise of real estate to the widow, and
an authority given to the executor to sell the residue of the tes-
tator's real estate at his discretion; and after the payment of
debts, one-third of the proceeds of this residue was likewise
given to her. Two thousand dollars of these proceeds were
then given to Isabella Thomas, and the balance thereof to the



 
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 1, Page 304   View pdf image (33K)
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