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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 485   View pdf image (33K)
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MAYO VS. BLAND. 485
Commissions to an executor will not be distributed so as to be thrown upon
the separate portions of the personal estate, in order to make the several leg-
atees, general and specific, bear their proportions thereof; such a distribution
would be introducing an entirely new principle in our testamentary system.
[The clause of the will of the late Chancellor Bland, which
came under review in this case, are as follows:
1st. "I do hereby give and devise all my property, real and
personal, of every description, except Bland Air, and the slaves,
with their increase, which I derived in a course of distribution
from my uncle, Thomas Fitzhugh, deceased, and the other per-
sonal property thereon, not slaves, and used with the same at
the time of my death, and except the bequests hereinafter
mentioned, unto my wife during her natural life, confiding to
her the care and maintenance of our son, should he so live long.
2d. "I do hereby give and devise my Bland Air estate, with all
the slaves and their increase, which I derived in a course of dis-
tribution from my uncle, Thomas Fitzhugh, deceased, and all the
personal property thereon not slaves, and used with the same
at the time of my death, unto my daughter during her natural
life, and after her death as hereinafter provided, she or the
persons taking after or under her paying therefor to her mother
during her natural life, annually, to be computed from the day
of my death the sum of three hundred dollars, by way of a rent
charge.
3d. By this item, the testator charged all his estate, "real and
personal, including the beforementioned Bland Air estate and
property, without exception, whosoever may be the holder of
the same," with the payment of an annuity to his son of six
hundred dollars per annum from the day of his mother's death.
5th. "I do hereby give and bequeath unto Captain Isaac Mayo,
the husband of my daughter, all my books, historical or biographi-
cal, of Greece, of Rome, of Great Britain or Ireland, of the Uni-
ted States, and of the several states, and Rees' Encyclopedia,
as a token of my respect for him. The copy of my reports of
cases in Chancery in my use at the time of my death, and in
which I have made many additional references in pencil, I wish
to be preserved and given to one of my grandchildren by their

 
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 485   View pdf image (33K)
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