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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 621   View pdf image (33K)
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ADDISON v. BOWIE. 621

her, her heirs and assigns forever. And I give and devise to my
said daughter, her heirs and assigns forever, one-half the lands
which I own, and which were purchased of Robert Waters and
———— Clark.'

' I give and devise to my son Walter B. Bowie, his heirs and
assigns forever, all the residue of the lands devised as aforesaid
by Baruck Duckett, except ten acres purchased of Henry L.
Hall, and all the residue of my dwelling plantation, except the
three hundred and fifty acres aforesaid; the same to be bounded
by a line drawn from the corner of Dr. Magill's land to Young's
north-west corner, running nearly as the fence now stands, which
is to be the dividing fence, subject, however, to the restrictions
and conditions herein after expressed.'

'I give and devise to my daughter, Eliza D. Bowie, her heirs
and assigns forever, all the land purchased of Mr. Contee, called
Ranelagh.'

'I give and devise to my son William D. Bowie, his heirs and
assigns forever, ten acres of land purchased of Henry L. Hall.'

' It is my desire and will that my wife and daughters and her
son shall have a home at my mansion house until my son Walter
shall arrive to the age of twenty-one years, peaceably to be en-
joyed by them without the interruption or molestation of my son
Walter; and if he should, make claim, and disturb them in their
enjoyment of said home, then it is my will, and I do hereby de-
clare void and of no effect, the devise to him herein before made.
And it is further my will, that all the property be kept together and
worked by the family slaves until my son Walter shall arrive to
full age, for the support of the family; the whole of the net
profits, after payment of my debts, to be equally divided between
my children Eliza, Walter, Kitty and Richard.'

If a testator, by his will, appropriates an amply sufficient por-
tion of his real estate, in a proper and accessible manner, for the
payment of his debts, such an appropriation is valid, and his
creditors must take it as given, and cannot have any other part of
the realty sold and applied for their satisfaction, (h) With regard
to the personalty, it is so generally and absolutely subject to the
payment of debts, that a testator can, in no way, remove any por-
tion of it out of the reach of his creditors. But then, as regards
legatees, a part of the realty; or, as in this instance, the profits of

(A) 3 W & M. ch. 14; Hughes v. Doulben, 2 Bro. C. C. 614; S. C. 2 Cox, 170.
79 v.2

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 621   View pdf image (33K)
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