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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 71   View pdf image (33K)
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TOWNSHEND v DUNCAN. 71
account was to be stated in a particular way, for the Chancellor to

previous thereto, as according to the use and practice of this court, in like cases, he
ought to have had; he humbly hopes the said depositions, or any of them, shall not
be read, or made use of; but shall be wholly and entirely suppressed. Second. That
it appears by the complainants' bill, and admitted by this defendant's answer, that
Amos Woodward, the complainants' father, died about the 16th day of March, 1784;
and although it is denied by this exceptant's answer, that there was any crop, either
of tobacco, corn, or any other grain, or crop whatsoever, belonging to the said Amos
Woodward, begun, or in hand at the time of his death; and the same is not con-
tradicted by any proof, appearing among the proceedings of the said commissioners,
they have, notwithstanding, in the account by them stated and returned, made an
allowance of £ 50 paper to the said Amos Woodward's estate, for the labour of
sundry servants and slaves on his plantation, from the time of his death until July
following, which this exceptant humbly conceives to be against law and equity.
Third. That it appears by the proceedings, that there are two several estates de-
pendent on the estate of the said Amos Woodward, that is to say, the estate of the
said Achsa Fottrell, to which this exceptant is administrator, and also the estate of
the said Edward Fottrell, to whom this exceptant is also administrator, with his will
annexed; and that the estate of the said Edward Fottrell is also dependent on the
estate of her, the said Achsa Fottrell; notwithstanding which the said commis-
sioners have, in their manner of stating the accounts, blended the several trans-
actions together; and have not distinguished what moneys were received by the
aforesaid Achsa, during her widowhood; and what by the said Edward Fottrell,
after his marriage, in the proceedings in this cause set forth; nor, if this honoura-
ble court should be of opinion, that the estate of the said Amos Woodward should
be credited with the interest in the accounts mentioned, have they distinguished
and shewn, whether the interest, so said to be received or omitted to be received,
was so received or omitted to be received by the said Achsa Fottrell, or by the
said Edward Fottrell, thereby to enable this court to determine to which of their
two estates the same is chargeable and to be charged.

May, 1747.—OGLE, Chancellor.—The exceptions to the commissioners* report
standing for argument, and the counsel on both sides being heard, it is Ordered, that
the exceptions be overruled; and that the defendant pay to the complainants the
quantity of 600 pounds of tobacco for the delay; and that there be a hearing of
the said cause the next court.

After which the case was brought before the court, and the solicitors of the
parties were fully heard.

October, 1747.—OGLE, Chancellor.—Decreed, that the said William Chapman pay,
out of the estate of Achsa Fottrell, and Edward Fottrell, which have come to his
hands, to each of the complainants the sum of 434 pounds of tobacco, .£ 51 15s. 3 1/2d.
current money, in gold or silver, £216 7s. 0 1/4d. sterling money of Great Britain, of
which said sum £80 10s. 6d. is each child's part of the price of the negroes belong-
ing to the estate of Amos Woodward, as the same were sold by Achsa Woodward
and Levin Gale, and William Chapman, exclusive of any negroes that were Edward
Fottrell's, or which came to his possession, in any other manner than by his mar-
riage with Achsa Woodward, administratrix of Amos Woodward; and £377 10s.
10d. paper money of Maryland, [1733, ch. 6.] And that the said William Chap-
man shall, out of the said estate of Achsa Fottrell and Edward Fottrell, which
have come to his hands, likewise make payment of the several sums following,
to wit, to each of the complainants the sum of £9 1s. 8d. paper money of Mary-

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 71   View pdf image (33K)
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