Volume 200, Volume 4, Page 458 View pdf image (33K) |
458 HIGH COURT OF CHANCERY. enjoin it upon him, to give the whole, real and personal, to bis son, Isaac Spencer, and to his eldest male heir forever, with a request from me that he will act a kind brotherly part by his brothers and sisters, as their situation and need may require. "It is my further wish that no part of my property be sold at public sale, as I believe all my debts may be paid from the proceeds of my estate in the year 1823, if not before, and none of my negroes to be sold out of the state, except for gross mis- conduct. Any useless or surplus property can be disposed of at private sale." This bill was filed by George Spencer, one of the sons of the testator's brother, Jervis, and William Knight, the son of his niece, Charlotte Ringgold, who, together with William Spencer, the other son of the said Jervis Spencer, were by the will of the testator, William Spencer, to be put upon a footing of equali- ty with the children of Isaac Spencer, the devisee. It alleged that the said Isaac, who was appointed sole execu- tor of the will of William, the testator, entered upon and took possession of his estate, real and personal, and received the rents and profits thereof, but that he caused no valuation of the estate to be made, as directed by the said will; that he sold a portion of the real estate much below its actual value, and has mismanaged and wasted the personal estate to a large amount. That he, the said Isaac Spencer, died on or about the 1st day of November, 1832, leaving a will duly executed, devising and bequeathing his whole estate, including that which he ac- quired from the said William Spencer, to his children and heirs at law, making William A. Spencer and John Spencer, two of them and two of the defendants, his executors, to whom also letters of administration, de bonis non, upon the estate of the said William Spencer have been granted. The complainants allege that they have arrived at age, but that they have received no benefit from the devise of William Spencer in their favor, either from the said Isaac Spencer, or from his executors, devisees or heirs at law, and they pray an account and payment and for general relief. The answer of the defendants admits the death of William |
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Volume 200, Volume 4, Page 458 View pdf image (33K) |
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