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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 610   View pdf image (33K)
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610 ADDISON v. BOWIE.

point my son, William D. Bowie, and my friend, John Contee,
Esq. joint executors of this my last will and testament.'

The bill further states, that soon after making this will, William
Bowie, of Walter, died; that on the 15th of September, 1826, it
was proved according to law, and letters testamentary granted to
the executors, these defendants William D. Bowie and John Contee,
who took possession of, and have used and cultivated the testator's
real and personal estate; that the testator, at the time of his death,
left a widow, the defendant Ann, and the defendants William, of
full age, and Walter and Kitty, and the plaintiff Eliza, his chll-
dren by his former wife, the daughter of the testator Baruck, and
the defendant Richard, a child by his second wife, the defendant
Ann, who were infants under twenty-one years of age; that the
executors have fallen into several errors as to the true construction
of the will of their testator, and have accordingly applied it to the
prejudice of the plaintiffs; that the family have resided at the
mansion house, and have been supported out of the profits of the
estate, as directed by the will of the testator William until some
of the children were sent out to school, and that the executors had
made no allowance to the plaintiff Eliza for her maintenance, &c.
Whereupon the bill prayed that the will of the testator William
might be carried into effect under the direction of the court; that
the executors might be ordered to account, and that the plaintiffs
might have such other relief as the nature of their case might
require.

On the 10th of July, 1829, the defendants William D. Bowie
and John Contee put in their joint answer, in which they admitted
the marriage of the plaintiffs and the wills of the testators Baruck
and William; that they had obtained letters testamentary under
the will of the latter; had taken possession of his estate, and set-
tled with the Orphans Court accordingly; that the real and per-
sonal estate of the testator William had been kept together, and
the family supported as directed by his will, &c.

The defendant Ann D. Bowie, on the 29th of September, 1829,
put in her answer, in which she referred the court to the two wills
for their true construction; and in regard to the personal estate of
her deceased husband referred to the accounts of his executors,
passed by the Orphans Court, and submitted the claims of the
plaintiffs to the decision of the Chancellor. On the same day the
infant defendants filed their answers by their guardian ad litem, in
which they say that they have no particular knowledge of the

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 610   View pdf image (33K)
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