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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 167   View pdf image (33K)
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WINDER v. DIFFENDERFFER. 167

in which compound interest may be charged.—Commissions allowed to a trustee,
as a compensation for his skill and trouble, are not to be lessened, or withheld;
because of conduct in respect to which he had been charged with interest.

THIS bill was filed, on the 8th of August, 1825, by William
Sydney Winder, and Araminta, his wife, against John Differ
derffer and his three infant children, Amelia Diffenderffer, Michael
Diffenderffer, and Charles R. Diffenderffer. The answer of the
defendant John invoked into this case the proceedings in a suit
instituted some time before in this court, which forms a prelimi-
nary and necessary illustration of the grounds of this controversy.
The proceedings in that suit are as follows:

On the 27th of February, 1806, Sarah Rogers, Mary Lee,
Catharine Rogers, and Nicholas Hopkins, filed their bill against
John Merryman and William R. Smith, in which they stated, that
Charles Rogers had, on the 15th of November, 1805, made his
last will disposing of his estate, in trust, for the benefit of the
plaintiffs, Sarah, Mary, and Catharine, and soon after died. This
will, so far as regards the matter in controversy, is as follows:

' I do hereby nominate and appoint my friends John Merryman,
William R. Smith, and Nicholas Hopkins, and the survivors, or
survivor of them, and the heirs of such survivor trustees of all my
real estate, to hold the same in trust as is hereinafter mentioned,
and also I do hereby make them executors of this my last will and
testament.

* Secondly, I do give and devise to my dear wife Sarah Rogers,
my dwelling plantation whereon I now live, for and during her
natural life; it being my intention, that she shall occupy the same
without the interference of my trustees during that period. I give
and bequeath to my said dear wife, her executors, administrators,
and assigns, all my household furniture, of what nature or kind
soever, and all my plate; except as hereinafter excepted; as also
her choice of three horses; three milch cows; all the hogs; car-
riage; a wagon; carts; ploughs, and other farming utensils on
the place whereon I now reside; the residue of my stock, it
is my will and desire, shall be sold in order to the payment of my
just debts. I also do hereby give and bequeath to my said wife
all my negro slaves to be by her manumitted, when she may think
prudent and advisable,

'Thirdly, I do further give and devise to my said friends John
Merryman, Nicholas Hopkins, and William R. Smith, and the sur-
vivors and survivor of them, and the heirs of such survivor, all my

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 167   View pdf image (33K)
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