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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 170   View pdf image (33K)
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WINDER v. DIFFENDERFFER.

leaving tb6 one-third to the survivor, the remaining two-thirds
in the issue of my deceased daughters, per stirpes.

*My poultry I give and bequeath to my dear wife. If the
balance of my personal property be not adequate to the payment of
my debts, after that which has been specifically devised to my dear
wife, I hereby charge the payment of my debts on the property
devised to my three daughters, Sarah Bailey, Ann Martin, and
Mary Lee; and not on that devised or bequeathed to my daughter
Catherine Rogers. And it is my will and desire, that my trustees
appropriate the rents and profits of the shares of my said daughters
Sarah Bailey, Ann Martin and Mary Lee, to the extinguishment of
my said debts.

'It is my will, that the personal property, to wit: all my house-
hold furniture specifically bequeathed to my wife, as also the plate
to her and her daughter Catherine, as also the three horses, three
cows, hogs, carriage, wagon, and farming utensils be exonerated
from the payment of my debts; but that the same be a lien, in the
first instance, on the shares given to Mrs. Martin, Bailey, and
Lee.

'I give and bequeath also to my daughter Catherine Rogers, six
table spoons marked C. R.

'If any of my children, viz. Sarah Bailey, Ann Martin, Mary
Lee, or Catherine Rogers, die without leaving issue at the time of
their death, or if leaving issue they die without issue before they
arrive at the age of twenty-one years; it is my will, that my trus-
tees, and the survivor of them, and the heirs of such survivor, hold
his, her, or their share or shares, if more than one, in trust to and
for all my surviving daughter or daughters; and the issue of any
daughter is to be considered as a surviving daughter and to repre-
sent the mother or parent, per stirpes.

'When any limitation in this will is made to children or daugh-
ters, my meaning is, that the same comprise their issue; that is,
my grand, great grand-children, and so in infinitum. And they
are to take per stirpes, to wit: issue to take any one of my
daughter's share; it being ray intention, that no one part or share
of my property, on the death of any of my daughters, shall go to
the surviving sisters, as long as children or issue shall represent any
of my deceased daughters,

'Also my slaves are to be manumitted, notwithstanding my per-
sonal property be insufficient to pay my debts; it being my intention,
that the same be charged on the three shares of my real estate, so as

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 170   View pdf image (33K)
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