CRAPSTER v. GRIFFITH.—2 BLAND. 5

The defendant put in an answer to this bill, in which he admits the
death of the intestate, the administration on his estate, and his
own marriage with the widow as set forth; but he avers, that the
inventory returned included articles of personal property, which
did not in truth, belong to the intestate; and that all the articles
were correctly valued: that, on the 12th of December, 1798, he
was appointed guardian of the two children of the intestate, John
H. Dorsey, and the plaintiff Harriet; that after the death of John
H. Dorsey he administered upon his estate, and settled a final ac-
count on the tenth of August, 1802; that he had a valuation of
his ward's estate made according- to law: This defendant admits,
that the administrators of the intestate settled a final account, as
set forth; but he denies, that any part of the amount ever came to
his hands; that Ann, the wife of this defendant, died on the 9th
of January, 1808, and he passed a final guardian's account with
the Orphans' Court, whereby a balance of £239 18s. 4 1/4d. was
shewn to be due to the plaintiff Harriet; that about the 1st of
February, 1809, a settlement took place between him and her, in
the presence of her uncle and grandfather; when she agreed, that
* in lieu of receiving her proportion of the negroes and stock,
she would consent to receive from him nine and three-quar-
ters acres of land, one negro girl, some articles of household fur-
niture, and $389.75; which she accordingly did receive.—Where-
upon, she willingly, and of her own accord, gave the release men-
tioned in the bill: which was not unduly and improperly obtained
from her. That the plaintiff Harriet, before her marriage, agreed
that the defendant should continue to hold her land for two years, on
paying an annual rent therefor. That when the defendant married
the widow Ann, the property was much out of repair; that he has
considerably enhanced the value thereof, by erecting an addition
to the dwelling house, by building a barn; and by improving the
property; for which, he conceives he is entitled to an allowance;
that, at the death of the intestate, there were eight negroes, two
of whom died since the appraisement; and that there has been au
increase of five, born since that time.

The plaintiff put in a general replication to this answer, and a
commission was issued, and testimony taken and returned. After
which, the case was brought on for hearing.

KILTY, C., 16th May, 1811.—This case was submitted on notes
filed by the counsel on each side, which, with the bill, answer, and
proceedings, have been considered.

The Chancellor is of opinion, that the complainants are entitled
to relief; and, that the release set up by the defendant ought to
be set aside, on account of the time and manner in which it was
obtained; and also, on account of its not being a mere receipt for
her part of the estate, but an acknowledgement of an equivalent,