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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 7   View pdf image (33K)
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in lieu of receiving her proportion of the negroes and stock, she

would consent to receive from him nine and three-quarters acres
of land, one negro gir^ some articles of household furniture, and
$389 75; which she accordingly did receive.—Whereupon, she
willingly, and of her own accord, gave the release mentioned 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 pay-
ing 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
to the dwelling-house; by building a barn; and by improving
properly; for which, he conceives he is entitled to an allowance;
that, at the death of the there were eight negroes, two of
whom died since the appraisement; and that there has been an
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.

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

Tie 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 acknowledgment of an equivalent, as
she then considered it, for what she was entitled to, which, if
leading to her injury, ought not to be countenanced by a Court of
Equity, (a)

With respect to the manner of taking the account, it is not
meant to decide thereon at present; out the Chancellor is of
opinion, that so far as the specific property came to the hands of
the defendant as guardian, having before held it by his intermar- riage with the administratrix, he is not entitled to settle by the
amount of the inventory in money. But, on the other hand, the
Chancellor is not satisfied, that the appraised value of the negroes,
&c, (as it is to be considered in the account,) is to be
controverted by the opinions of witnesses as examined in the

(a) 1715, ch. 39, s. 15.


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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 7   View pdf image (33K)
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