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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 312   View pdf image (33K)
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312 HAMMOND v. HAMMOND.

the sum of $471 36, with interest and costs, it being a debt due
from their testator; and that Ridgely had sued out a fieri facias
against them. Whereupon they prayed that he might be restrained
from proceeding at law, &c.

On the 29th of September, 1829, an injunction was granted as
prayed.

The plaintiffs, with the leave of the court, on the 28th of Octo-
ber, 1829, so amended their bill as to make Ann Hammond, the
wife, and Matthias Hammond, Denton Hammond, Susan Ham-
mond, and Ann Hammond, the infant children of the defendant
Rezin; and Harriet Hammond, the wife, with Henry Hammond,
Thomas Hammond, and Margaret Hammond, the infant children
of the plaintiff John, parties to this suit, on the ground of their
having an interest in the estate of the testator under his will. The
adult defendants put in their answers, and the infant defendants
answering by their guardian ad litem to this amended bill, admit-
ted all the facts as set forth by the plaintiffs.

On the 7th of November, 1829, the parties filed the following
agreement: 'Whereas there is a cause now depending in the
Court of Chancery, for the settlement of the estate of Philip Ham-
mond, deceased; and it is ascertained, that the estate specially de-
vised by said Hammond, for payment of debts, is insufficient for
that purpose; and whereas there is some doubt whether the
contribution provided for by the will, should be made by the
devisees of said Hammond, equally, or in proportion to the value
of the property severally devised to them. It is, therefore, agreed,
in order to save expense, that said doubt shall be submitted to the
Chancellor. And in case the Chancellor should determine that
the said contribution shall be borne by the said property in propor-
tion to its value, then the property devised to Thomas Hammond,
shall be estimated to be worth $10,000; the property devised to
Charles Hammond, shall be estimated to be worth $10,000; the
property devised to Henry Hammond, shall be estimated to be
worth $10,000; the real property devised to John Hammond, shall
be estimated to be worth $2,000; the property devised to George
W. Hammond, shall be estimated to be worth $10,000; the pro-
perty devised to Rezin Hammond, shall be estimated to be worth
$10,000; the property devised to Matilda Hammond, shall be esti-
mated to be worth $10,000; the property devised to Harriet Ham-
mond, shall be estimated to be worth $10,000; the property de-
vised to Philip Hammond, Jr. shall be estimated to be worth

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 312   View pdf image (33K)
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