COLEGATE D. OWINGS' CASE. 399

desire and expectation, that her mother will provide for her, she
having fully in her power to do so. Item. I give unto my four
daughters Mary C. Nesbit, Charcilla Cockey Deye Owings, Penel-
ope D. Price, and Frances Thwaites Deye Owings, one family Bible
each, they having been heretofore provided for by my uncle the
late Thomas Cockey Deye."

Thus it appears to have been the intention of the testator John
C. Owings so to dispose of his property as that the provision for
each of his children, noticed in his will, should be entirely or
nearly equal. That is, of his eight children, he himself provided
for two; his uncle had portioned four; and a seventh he left to be
provided for by her mother. Of his eighth child, Cassandra, he
takes no notice in his will; she had married, disposed of herself,
and was then resident at a great distance from him. It appears in
proof, that the " desire and expectation," thus expressed by this
testator, and the exclusion of his daughter Charlotte from any
share of his property, was in consequence of, and founded upon an
express promise made to him by the plaintiff, (at a time when it is
admitted on all hands she was in a perfectly sound state of mind,)
that she would give all her property after her death to their daughter,
this defendant^ in fee simple; and in full confidence, that this pro-
mise so made to him for the benefit of Charlotte would be faithfully *
observed and kept, he made his will, and in about one month after-
wards died.

Some time after the death of John C. Owings, his son John,
being sick and in a rapidly declining state of health, declared his
intention to devise his estate to his sister this defendant, when his
mother, the plaintiff, dissuaded him from doing so, and induced
him to give it to his sister Cassandra, promising him, that if he
would do so, she the plaintiff would provide for the defendant*
Upon the faith of which promise he made his will, devised his
estate to his sister Cassandra, and died. There is nothing said in
the pleadings about this devise by John to Cassandra; or as to
John's inducement for making it. But it may be fairly inferred,
that the plaintiff was actuated by a strong feeling of equity towards
* all her children; and knowing, that she had promised to give her
estate to the defendant, she wished John's to take another direc-
tion, and be given to Cassandra, in order to provide for her;
and also to prevent the defendant from obtaining a double por-
tion. Taken in this point of view, I have deemed it a matter
which might be noticed as a corroboration of the proofs in relation