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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 222   View pdf image (33K)
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222 HIGH COURT OF CHANCERY.
late, and that a considerable amount of the legacy of ,£2250 also
remained unpaid. This seems to have been the condition of things
when David Harris, the second husband of Francis H. Moale,
died, in November, 1809, and having by his will appointed
Joseph Sterrett and Molly Sterrett his executors, they, and the
said Frances H., on the 23d of April, 1811, entered into an
agreement for the purpose of settling the several points of dis-
agreement between them.
This agreement recites, that the said Frances had renounced
the will of her husband, the said David Harris, and elected
to take her dower in his real, and her third of his personal
estate. That she claimed in her own right that portion of the
legacy of £2250, which remained unpaid, with interest, and
the arrearages of the £500 annuity, with interest, and also the
growing annuity. And that the executors of the said David,
also claimed the same in virtue of his will. The agreement
then provides that for the purpose of settling and adjusting the
claims of the respective parties, and to avoid litigation, that the
executors shall pay and deliver to the said Frances, certain
sums of money and property bequeathed to her by the said
David H;irris; that the said Francos, her executor, &c., shall
have and receive one-third of whatever might be thereafter re-
ceived by the said executors, of the legacy of £2250, and one-
third. part of whatever might be recovered of the arrears of the
said annuity of £500, which were due at the death of the said
David Harris. In consideration thereof, the said Frances agreed
to release to the said Joseph and Molly Sterrett, her dower in
the real and personal estate of her said husband, David Harris,
and also her right, title and claim to the said legacy of £2250,
except such part thereof as is reserved to her by these presents,
and also her right, title and claim to the said annuity of £500,
and the arrears thereof, except only the part which is reserved to
her by these presents. The agreement then provides that the
claim for the balance of the said legacy, and for the arrears of
the annuity due from the representatives of Richard Moale or
John Moale, shall be under the exclusive control and manage-
ment of the said Joseph and Molly Sterrett, who shall have

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 222   View pdf image (33K)
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