398 COLEGATE D. OWINGS' CASE.

which is exhibited as a part of the bill, and died in February
1810; that the plaintiff had intended, by her last will, to make
some sufficient provision for the defendant, the nature of which is
thus described. ^After some specific legacies to the plaintiff's chil-
dren and grand-children, to give the defendant an estate for life in
her real property, the residue of her personal estate, and a remain-
der in the real estate to the defendant's children should she have
any; and in the event of failure of issue lawfully begotten, then to
the othet1 children of the plaintiff to be equally divided among
them. That the defendant being wholly dissatisfied with such a
provision, and insisting on an unconditional absolute estate in the
whole, the plaintiff then openly avowed her determination to make
no will; to die intestate, and to leave her property to pass and be
'distributed according to law. The defendant admits these facts;
but alleges and insists, that four of her sisters having been amply
provided for by the late Thomas C. Deye their uncle, the plaintiff
promised the late John C. Owings the defendant's father, that she
would give her estate to the defendant. In consequence of which,
and in confident reliance upon that promise, her father made his
will, in the manner he did, leaving the defendant nothing more
than a mere token of his affectionate recollection. And the defend-
ant avers, that the deed of the 15th of June 1824 was made with
a view to and in fulfilment of that promise.

From the proofs it appears, that John C. Owings and the plain-
tiff his wife during their marriage had eight children, who survived
him; and that he had a large estate consisting of real and personal
property within this State and elsewhere; that his uncle the late
Thomas C. Deye, was seized of a considerable real estate, which by
his last wfll he devised to four of the daughters of his nephew
* John C. Owings, each of whose share contained from four hundred
and fifty to six hundred acres of land, the least of which was esti-
mated as worth about $16,000; that John C. Owings, the late
husband of the plaintiff, by his will, and otherwise, gave the whole
of his real and personal estate to his two sons Thomas D. Owings
and John C. Owings; except some personalty, which he gave to
Ms wife, and some other property, which he gave to his daughters
in payment of a debt he owed them. The property he gave to his
son Thomas is said to have sold for $20,000.

In his will the late John C. Owings, the father of the defendant,
says—" I give to my daughter Charlotte Deye Owings a family
Bible and a spinning wheel as a token of my affection, it being my