|
|
|
|
|
|
|
WILLIAMS' CASE. %f 1
of the probable duration of life, it appears, that the value of a w$-
nran's dower is as follows. If under thirty years of age, one-sixth;
above thirty and under thirty-six, two-thirteenths; above thirty-
five and under forty, one-seventh; above forty and under forty-
five, two-fifteenths; above forty-six and under fifty-one, one-eighth ;
above fifty-one and under fifty-six, one-ninth; above fifty-five and
under sixty-one, one-tenth; above sixty and under sixty-seven,
one-twelfth; above sixty-six and under seventy-two, one-four-
teenth; above seventy-two and under seventy-seven, one-eigh-
teenth; and above seventy-seven, one-twentieth.'
On the 14th day of December, 1819, Clement Dorsey and Samuel
Chapman, filed their bill in this court against Charles S. Smith, in
which bill, among various other circumstances, it was stated, that
Henry A. Smith, on the 17th of July, 1802, made his last will in
which he said, 'I do hereby give and bequeath to my said wife
Dicandia S. Smith, during her natural life, all the land whereon I
now live, near and adjoining Benedict, Leonardtown, in Charles
county.' And again,'After the death of my beloved wife Dicandia
S. Smith, I give to my brother Charles S. Smith, all my land
where I now live adjoining Benedict, Leonardtown, in Charles
county, to him and his heirs for ever. My will is, that in one year
after my brother enters into the possession of the above land, he
pay to my sisters Margaret and Mary Wheatly, or to their heirs,
five hundred pounds current money ($1,333 334) each, for the
due performance of which I hereby make the said land liable.'
After which Henry A. Smith died leaving his widow, devisee,
and legatees then alive, and his widow then and ever since a resi-
dent of Charles county. The plaintiff Dorsey married the widow
Dicandia, and purchased of the defendant Charles S. Smith, the re-
mainder so devised to him clear of all charge of the legacies for
the payment of which it was so made liable. But the defendant
having foiled to satisfy those legacies, the plaintiff Dorsey, on the
17th February, 1817, bought one of them for the sum of f 1,101,
and claimed a credit for that amount on the bond by which he and
the plaintiff Chapman, were bound to the defendant for the purchase
money of the estate in remainder,
On the 9th of December, 1823, the auditor made and filed a re-
port in which he says. 'For the legacy bought by the complai-
nant Dorsey, he has credited a sum, $ 560 22, as with simple in-
terest for twenty-three years, the probable duration of Mrs. Dor-
sey's life and one year after, would amount to £500; (1,333 33 1/3,)
|
|
|
|
|
|
|
|
 |
