480 FORNSHILL v. MURRAY.

children; that he left a large personal estate, upon which letters
of Administration were granted to James Chapline, who died soon
after, upon which administration de bonis non was granted to
Thomas Lookerman and the defendant Murray, soon after which
Lookerman died; that some time after the death of the intestate
Henry, his brother Thomas died intestate, and letters of administra-
tion upon his estate were granted to the defendant Hubbard; and
that the intestate Henry left no other next of kin at the time of his
death, than the plaintiffs, and his brother Thomas; whereupon the
plaintiffs prayed, that the defendant Murray might be decreed to
account, and to pay to them their distributive shares of their late
uncle Henry Somervell's estate, &c.

To this bill the defendants put in a joint and separate answer,
in which they admitted that Mary, the mother of the plaintiffs, had
issue and died as stated; that the intestate Henry left a considera-
ble personal estate; and also that their intestates died, and admin-
istration had been granted as set forth. But they alleged, that the
intestate Henry left other next of kin beside those mentioned in the
bill, and that Mary the mother of the plaintiffs, who was a sister of
the half-blood of the intestate Henry, had been first lawfully married
in Ireland about the year 1789, to John Lewis, who was still alive and
had always resided there; and that she, after having cohabited
with him for some time as his wife, left him about the year 1792
and came to Maryland, where she continually resided until her
death, leaving her lawful husband John Lewis then and still living.
* Whereupon the defendants averred, that the alleged subseq lent
marriages of Mary with Davidson and with Fulton were utterly void ;
and that the plaintiffs, Ann, Sarah, Andrew, and William, were
illegitimate; and, as such, absolutely incompetent legally to demand
any thing as the next of kin of Henry Somervell.

A commission was issued to Ireland, and the depositions of
several witnesses were taken and returned; from which it appeared,
by the testimony of two witnesses who were present at the marriage
ceremony, that Mary, the sister of the intestate Henry, had been
married to John Lewis, who was then living; and that they had
afterwards cohabited, as husband and wife, for about two years;
when she left him, and, as they had always understood, went
from Ireland to America. The testimony of these two witnesses
was corroborated by that of others, who declared, that they knew
the intestate Henry's sister Mary and John Lewis to have lived
together some time, as husband and wife; and that they were so