ADDISON v. BOWIE. 615

his daughter Kitty; and then declared, that his wife and daughters,
and her son, should have a home at his mansion house, &c. The
auditor understands, that the guardian for the said Walter and
Kitty, contends, that the last will of Baruck Duckett, deceased,
conferred on the testator William, a power of appointment merely;
and that the said Kitty and Walter, as his appointees are seized
of the absolute fee simple of the real estate of the said Baruck,
freed from the charges for the payment of debts and support of the
family, which the testator William, has attempted to impose thereon.
The other devisees of the testator William, insist, that the said
Walter and Kitty cannot claim the aforesaid real estate, in any
other manner than as it is devised to them; or if they can and
will claim the said real estate, free from the aforesaid charges, then
they must abandon all other benefit which might otherwise accrue
to them from the will of their father.

And, in conclusion, the auditor further reports and observes,
that the question of election is then supposed to be, whether it will
be more to the advantage of the said Walter and Kitty, to take
an unincumbered fee simple in the said real estate, than to take
the same with the charges imposed by the will of their father, and
the benefits conferred on them by that will. As to the defendant
Kitty, it is clearly for her interest to take under her father's will.
Her share of the real estate of her grandfather Duckett, is valued
at $4,500. The real estate devised to her by her father, is valued
at $8,400; and the personal estate at $4,187 14. The income
which she might derive from the estate of her grandfather, is esti-
mated at f 180 per annum. Her expenses, which have been
charged upon, and have been defrayed out of the profits of the
aggregate estate, are estimated at $468 75 per annum. The real
estate of the said Baruck Duckett, deceased, which is devised to
the said Walter by his father, is valued at $17,000. Its annual
income is estimated at $680. The father having died in 1826,
and the charges for payment of debts, and support of the family,
being limited to the said Walter's arrival at age, which will happen
in 1832, the value of those charges may be estimated at $4,080.
His expenses, which are charged upon and have been defrayed out
of the profits of the aggregate, are estimated at $593 75 per
annum; or for the term aforesaid, at f 3,562 50. The realty
devised by the father, is valued at $6,200; and the personalty at
$4,187 14; making the advantages to be derived from the fa-
ther's will, amount to $13,049 64. All which, is respectfully

submitted.