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32 TESSIER v. WYSE.
The Eliza Wyse and Margaretta Wyse, on the 30th
of September, 1815, put in their answer, in which they admit, that
father made his will and died seised and possessed of real
and personal estate, leaving the children as mentioned, and a widow
to whom administration was granted, and who took possession of
the personal estate accordingly. They state, that a part of the
real estate was sold under the decree mentioned in the bill, and the
proceeds of the sale applied to the maintenance of the children of
the deceased. But they expressly deny that the defendant Tessier
ever had any claim against the testator, either as assignee or other-
wise; and they say they do not know the amount of the claim of
8. Smith & Buchanan.
On the same day the infant defendants Edward, Nicholas H.,
Matilda, and Francis O. Wyse, put in their answer by their guar-
dian, ad litem, in which they admitted the will and death of the
testator as stated, and hoped that the court would protect their
rights.
The defendant Allender, by his answer, filed on the 14th of De-
cember, 1825, admits the will, the death of the testator, the admi-
nistration to Rachel Wyse, her possession of the personalty, the
making of the mortgage to the defendant Riston, the death of
Rachel, and the granting of administration de bonis non to himself,
and the inventory returned by him as stated in the bill. He also
admits, that the testator was indebted to S. Smith & Buchanan,
but does not know the amount; nor does he know any thing of
the assignment of their claim to the plaintiff Tessier; and be de-
nies that he has any evidence of that claim in his possession.
On the 13th of April, 1826, the defendant John M. Wyse filed
his answer, in which he admits, that the testator was indebted to
S. Smith & Buchanan; that he made his will, and that after Ms
death, administration was granted to his widow Rachel Wyse, who
is since dead; and that the testator left the children and died
seised and possessed of real and personal estate, as set forth in the
bill; that a decree was obtained for the sale of the real estate of
the deceased, is directed by his will; and about sixty acres of it
was sold, and the proceeds thereof appropriated to the benefit of
his children; and that a mortgage was made, as stated, to the de-
fendant Riston. This defendant further states, that it was agreed
between the plaintiffs Rachel Wyse and this defendant, that in
consideration of the plaintiff Tessier's delivering to & Smith &
their note held by him, they would assign to him their
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