REBECCA OWINGS' CASE. 291
among others of his children who survived him, are two of the
plaintiffs, Rebecca and Urath, and the defendant William. His
daughter Rebecca being unable, by reason of her mental imbecility,
to take care of herself, he made for her a special provision by his
will, in connexion with the devise to his son William; to whom
he gave a large portion of his real estate. " To hold the same,"
(these are the words of this testator,) " to him the said William
Omngs, his heirs and assigns, for ever, upon these express condi-
tions, that he and they, or the person or persons to whom the estate
devised to the said William Owings, may eventually pass, maintain
my daughter Rebecca, or pay sixty pounds current money a year
for her maintenance during her natural life." This will bears date
on the 7th of May, 1803, and the testator must have died soon
after, although it is not stated when; because it appears to have
been proved on the 25th of June, in the same year.
Rebecca, after the death of her father, continued to reside with
her mother, the late Deborah Owings, until her death, which hap-
pened in December, 1810; and was taken care of and altogether
maintained by her. The late Deborah, under an apprehension that
the provision made by Rebecca's father for her maintenance, might
not be regularly applied, or that it might be inadequate, by her will,
also made provision for her support. After some specific legacies,
she gives all the residue of her estate to her eight daughters by
name, including Rebecca, to be equally divided; and then says :—
"It is my will and desire, that the portion of my estate, above
bequeathed to my daughter Rebecca shall, so soon as convenient
after my decease, be laid out by my executors, herein after named,
in the purchase of bank stock; and the said stock, when so pur-
chased, shall be held in the name of my said daughter Rebecca.
And I do hereby authorize and empower my daughter Urath
Cromwell to demand and receive the interest or dividends arising
from the said bank stock, and to apply the same to the support
and maintenance of my said daughter Rebecca during her natural
life; it being understood, that my said daughter Rebeccc^is to be
removed to the house of my said daughter Urath Cromwell, and
from and after the decease of my said daughter Rebecca, J do give
and bequeath the bank stock aforesaid unto my said daughter
Urath Cromwell, as a compensation for her trouble in providing fof
and taking care of my said daughter Rebecca." After the death of
this testatrix, Rebecca went to reside with the plaintiffs, Cromwell
|
|