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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 606   View pdf image (33K)
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g06 ADDISON v. BOWIE.

creed, that the injunction heretofore granted in this case be, and
the same is hereby annulled and dissolved. And it is further De-
creed, that the bill of complaint of the complainants as herein
before consolidated, be, and the same is hereby dismissed with
costs to be taxed by the register.

See this case as reported in 4 G. & J. 479.

ADDISON v. BOWIE.

All proceedings, exhibits, and proofs must be marked filed before they can be no-
ticed by the court.A power of appointment as given in a certain will, allowed
to be arbitrarily exercised.A father, so far as he is able, is bound to maintain
his infant children; and therefore he is held accountable for the profits of their
estate held by him.A testator cannot, in any way, place his personal estate be-
yond the reach of his creditors.A legatee may file a creditor's bill.Where a
testator may put his devisees to an election to take under or in opposition to his
will; the court may, in such cases, elect for infants.A legacy to a creditor may,
in some cases, be presumed to have been given merely as a satisfaction of the
debt.The nature of a devise of a right of habitation.A devise, by a father,
'for the support of the family,' must include the support of the devisor's widow,
with the maintenance and education of his infant children.

THIS bill was filed on the 6th of April, 1829, by Edmund B.
Addison, and Eliza D. Addison his wife, against William D.
Bowie, Ann D. Bowie, Walter B. Bowie, Kitty Bowie, Richard
D. Bowie, and John Contee. The bill states, that Baruck Duckett,
being seized and possessed of real and personal property of very
great value, on the 16th of July, 1809, made his last will and tes-
tament, which, although not exhibited with the bill, was afterwards
produced and admitted; and so far as it affects this controversy,
was in the following words :

'I give and devise to my son-in-law, William Bowie, of Walter,
the plantation whereon I now dwell, likewise the lands called the
Jeremiah and Mary, and the resurvey on the Jeremiah and Mary,
and ten acres of the land purchased of Henry L. Hall, to be laid
off at the north end, during his natural life only. In case the said
.Bowie should die before his wife Kitty, she has hereby a right to
remain on, to occupy and enjoy all the aforesaid lands during her
natural life. If either the aforesaid Bowie or his wife Kitty, should
cut down, or suffer to be cut down, the enclosed woods below my
dwelling house for cultivation, their tide to cease and be void for

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 606   View pdf image (33K)
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