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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 616   View pdf image (33K)
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616 ADDISON v. BOWIE.

The complainants excepted to this report and accounts of the
auditor; first, because they admit the claims of Walter and Kitty
Bowie to two-thirds of certain negroes devised by Baruck Duckett
to the other children of William Bowie, of Walter; second, be-
cause they assume, that said two-thirds is to be used, and their
profits accounted for as parcel of said Bowie's estate; and third,
because they make no allowances to the said other children for the
services of said negroes so bequeathed to them from the death of
said Duckett.

The defendants excepted to so much of this report and accounts
of the auditor as allow to the complainants hire for the negroes left
to her by Baruck Duckett before the arrival of her brother Walter
at the age of twenty-one years; because, under the will of her
father, William Bowie, to which the complainants are understood
to assent, and under which they make claim to all the property left
thereby to the complainant Eliza, the said negroes were to be re-
tained and worked by his executors for the benefit of the whole
estate: nothing, therefore, can be claimed by the complainants for
their hire; second, they except also to an allowance being made
for the maintenance of said Eliza; because of the provision made
for her at the mansion house; and thirdly, they except to any
allowance to the complainants of any part of the profits of the
estate which the defendants Walter and Kitty claim under the will
of their grandfather Duckett, and the appointment by their father
William Bowie, as stated in the proceedings; because the said
Walter and Kitty are entitled to claim the same, and will hold the
same, under the will of their grandfather; and will hold the same
absolutely. The will of William Bowie, their father, does give
them the same, and could not, and it is contended does not subject
it to any incumbrances, charges, or conditions.

28th June, 1830.—BLAND, Chancellor.—Having disposed of
the previously argued cases, I this day opened the bundle of
papers of this case, which was argued on the 1st instant, and find
that there are several reports and papers not marked filed, which I
take it for granted the parties deem important, and wish to have
considered as a part of the proceedings in this case.

Upon which I would observe, that it has been the regular course
of this court during the provincial government, and thence down
to the present time, to mark as filed all pleadings, exhibits and pa-
pers, more especially the reports from the regular or any special
auditor, as of the day on which they are lodged in or returned to
the Chancery office. All bills, except such as pray for an injunc-

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 616   View pdf image (33K)
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