CRAPSTER v. GRIFFITH.
with Ann, was appointed, by the Orphans Court, of the
plaintiff Harriet, and took possession of her real and personal
estate accordingly; that Ann died, some time in the year 1807,
leaving the whole surplus, and all the personal estate of her intes-
tate, which remained in specie, in the hands of her husband the
defendant; that the defendant, after the plaintiff Harriet attained
the age of sixteen, under an assurance, that she was only entitled to
a portion of her lather's and estate, in money, according
to the inventory, rendered to her an account shewing a balance of
only about £230; and obtained from her a release; which account
was erroneous; and the release was obtained from her unduly and
improperly; the consideration therein expressed never having been
paid or satisfied; that the personal estate of the intestate consisted
of negroes, stock, and other specifics which were returned in the
inventory at a very low valuation; and all which by offspring or
otherwise, greatly increased in value; and that the plaintiff Har-
riet, during a great part of her minority, lived with her grand-
mother, and was not maintained or educated by the defendant.
Whereupon the bill prayed, that the defendant might be decreed
to deliver up the full share of her father's and brother's personal
estate; and to account for the rents and profits of her real and
personal estate, &c.
The defendant put in an answer to this bill, in which he admits
the death of the intestate; the administration on his estate; and
his own marriage with the widow as set forth; but he avers, that
the inventory returned included articles of personal property, which
did not, in truth, belong to the intestate; and that all the articles
were correctly valued; that, on the 12th of December, 1798, he
was appointed guardian of the two children of the intestate, John
H. Dorsey, and the plaintiff Harriet; that after the death of John
H. Dorsey he administered upon his estate, and settled a final account on the 10th of August, 1802; that he had a valuation of his
ward's estate made according to law: This defendant admits,
that the administrators of the intestate settled a final account, as
set forth; but he denies, that any part of the amount ever carafe to
his hands; that Ann, the wife of this defendant, died on the 9th
of January, 1808; and he passed a final guardian's account with
the Orphans Court, whereby a balance of £239 18s. 4 1/4d. was
shewn to be due to the plaintiff Harriet; that about the 1st of
February, 1809; a settlement took place between her, in
the presence of her uncle and grandfather; when she agreed, that
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