THOMAS VS. WOOD. 305

testator's nephew, Thomas L. Simmons; and until the execu-
tor shall make the sale of the real estate, the will declared,
that "all, both real and personal, -shall remain under his direc-
tion, the proceeds applicable to the payment of my debts, the
support of my wife and family, and to the college charges of my
nephew, Thomas L. Simmons," &c.

It is quite clear, I think, that the testator did not intend to
give his wife the same interest in the services of the residue of
his negroes, as he had given her in the negro named Major,
but that he designed that these negroes, other than Major,
should, for the space of three years, be employed for the benefit
of his estate, for the payment of debts, for the support of the
wife and family, and the education of his nephew.

It appears from the accounts, that the proportion of the pro-
ceeds of the real estate distributed to the widow, Mrs. Harrison,
together with a portion of the devise to her,'not included in the
seventy acres surrendered to Dr. Johns, is fully equivalent to,
and in fact considerably exceeds, her dower interest in the en-
tire real estate of her husband, and this being so, I am of
opinion, that the eleventh exception cannot be maintained, and
is in conflict with the former opinion and order of this court.

The solicitors of the parties have signed an agreement, which,
among other things, provides, that the account C. distributing
the proceeds of the real estate sold by the trustee, Robert Plum-
mer, may be confirmed, reserving, however, to Mrs. Harrison
the right of appeal from the order of confirmation. The order,
therefore, will be according to this agreement, and pro forma.

It appears by a paper filed on the 5th instant, that Thomas L.
Simmons, the residuary devisee and legatee, has received, and
now has in his possession, certain negroes and sums of money;

and it is agreed that the accounts may be corrected by charg-
ing the said devisee and legatee, accordingly, with correspond-
ing credits to the executor, John Wood. This admission will
be noticed by the Auditor in stating the accounts, now about
to be ordered, but, in the meantime, there seems to be much
difficulty »n saying what shall be the final disposition of the
property. It is thought, however, that there can be no impro-
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