| Volume 200, Volume 3, Page 463 View pdf image (33K) |
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NOTLEY YOUNG'S ESTATE. , 463 aggrieved, and they therefore pray that the case may be remanded to the Auditor, to restate his account, so as io bring the said advancement into hotchpot with the residue of said estate now to be distributed, and that Smith and wife may be chargeable with said advancement, and for general relief. The other alleges that the intestate, by deed of gift dated 4th of March, 1846, conveyed to his daughter Martha certain real estate lying in the District of Columbia, now of the value of $4,000, that by another deed of gift he also conveyed certain slaves to the said Martha of the value of $3,000; that the value of this real and personal estate exceeds a child's por- tion of the intestate's estate, and prays that it may be brought into hotchpot in the division of the fund now in Court. This petition also alleges the death of the said Martha, leaving a will, and makes her devisees and legatees parties to the pro- ceedings. The answers and the facts proven in the case are sufficiently stated in the following opinion of the Chancellor, delivered at the hearing of these petitions on the 11th of .No- vember, 1851.] THE CHANCELLOR : This case was submitted during the sittings of the term, upon the petitions of Clement Young and Julia F. Young, infant defendants, by their guardian, William A. Brady, and now, at the close of the sittings, is laid before the Court in conformity with the rule. The petitions, which were filed on the 14th of February and the 25th of March, 1851, allege that Notley Young, the in- testate, and the father of the petitioners, in his lifetime con- veyed gratuitously, as an advancement to his daughters, Mar- tha Young and Heloise Smith, certain parcels of his real and personal estate, which the petitioners insist should be treated as a part of the shares to Which the said Martha and Heloise would be entitled, as two of his heirs-at-law and personal repre- sentatives. The personal estate of the said intestate proving inadequate to pay his debts, upon a bill filed by his creditors, the realty |
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| Volume 200, Volume 3, Page 463 View pdf image (33K) |
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