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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 46   View pdf image (33K)
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46 TOWNSHEND v. DUNCAN.

THIS bill was filed on the 17th of August, 1826, by Perry Towns-
hend and Anna Maria, his wife, against William J. B. Duncan,
Caroline Duncan, who are infants, Joseph Robinson and Thomas
Iglehart. The bill states, that William Duncan being seized and
possessed of a considerable real and personal estate, on the 26th of
December, 1818, made his last will, which, so far as concerns the
matter in controversy, is as follows:

'I give and devise unto my daughter Caroline Duncan) and my
son William Joseph Bend Duncan, the plantation whereon I now
dwell, consisting of several tracts, or parts of tracts of land, one
of which is called and known by the name of Burgess's Right,
and part of a tract in two parcels, called Puddington's Harbour,
otherwise called Puddington's Gift, being contiguous to each other,
and containing, in the whole, two hundred twenty-nine and one-
half acres, more or less, to them and their heirs forever, to be
equally divided between them, share and share alike as joint
tenants, and not as tenants in common. I give and bequeath to
my daughter Anna Maria Duncan, the sum of sixty dollars, current
money, as an annuity, to be paid to her out of the profits of my
real estate above mentioned, annually for and during the term of
her natural life, withholding from her, however, the power of sell-
ing or transferring the above mentioned annual allowance to any
person or persons whatever, under penalty of forfeiture. I do
hereby constitute and appoint my dear wife Deborah Duncan, sole
executrix of this my last will.'

The bill further states, that the testator, William Duncan, died,
on or about the 25th of March, 1819, leaving those children, the
plaintiff Anna Maria, by a first marriage, and the defendants Wil-
liam and Caroline, both of whom were then and still are infants,
wife Deborah, the legatees and devisees mentioned in his
that the said Deborah administered and died; and that Thomas
Iglehart took out letters, and was then the administrator de bonis
non of the deceased; that the said Deborah, before her death, paid
the plaintiff Anna Maria, one year's allowance after her father's
death; and that Joseph Robinson, who had been appointed, and
then was the guardian of the said infants, had also paid the plain-
tiff Anna Maria, one year's allowance under the will of her father.
But that the defendants had failed and refused to pay any more of
the annuity to her, either before or since her intermarriage with the
plaintiff Perry Townshend.

After which the bill concludes thus; to the end that justice may

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 46   View pdf image (33K)
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