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98 HIGH COURT OF CHANCERY. on the mortgage of Susan Leduc, and took credit for certain disbursements and payments of pecuniary legacies, for sundry negroes manumitted by the will, for certain articles of personal property, and cash allowed the accountant, being, as expressed in the account, "in full of the rest and residue of the personal estate of the deceased, which was bequeathed by her will to Ann S. Williamson, for her sole and separate use, for and during the term of her natural life, and delivered over to her, subject to the provisions and conditions mentioned in said will, as per release recorded appears." The personal property embraced in this entry, and stated to have been delivered to Mrs. Williamson, amounted to $960, and the cash to $5761 90. And. there was also exhibited, with the same answer, an official copy of a release, executed and acknowledged by her, before a justice of the peace, on the 7th of October, 1848, by which she acknowledged that she had received from the executor the articles of personal property and cash, for which he had been allowed credit in the account, being, as stated in the release, "in full of the rest and residue of the personal estate of the deceased, bequeathed to Mrs. Wil- liamson, for her sole and separate use during her natural life." The proceedings, however, show, that though the executor had only charged himself, in the Orphans Court, with the princi- pal sum due on the mortgage in question, there was, at that time, also due upon it, about five years interest; and by an amend- ed and supplemental petition, filed by Mrs. Williamson and the parties entitled in remainder, this omission of Williamson, the executor, to charge himself with this interest, is relied upon as indicative of unfairness and impropriety in the account; and the allegation is made, that he, (the executor,) did not pay Mrs. Williamson the balance in cash appearing to be due by said account, or give her any security or satisfaction therefor; and that the release, set up in the answer of Miller and May- hew, was executed by her, without receiving any considera- tion, without knowledge of its contents, and in ignorance, in fact, of her rights. Several witnesses have been examined by the parties, and |
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
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