Dicey: Chancery Cause, Halifax County
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The answer of George W. Purkins executor of Craddock Vaughan dec'd and trustee for Dicey, Eleanor &c under the will of said C. Vaughan dec'd to a Bill of Complaint exhibited against him and others, by Dicey a free woman of colour in the Circuit Court of Chancery for the County of Halifax. This respondent, saving & reserving &c for answer to the plaintiffs Bill, says, that it is true that said Craddock Vaughan died seized of considerable estate, which by his last will and testament he devised and bequeathed to the plaintiff and the other defendants in this suit, but in trust in your respondents hands, as the only one of the executors who qualified on his estate and has undertaken to carry the intentions of said testator's will into effect, and it is equally true that the support for the plaintiff especially intended by the testator was designed to be a liberal one, the only charge in the Bill of the plaintiff which he deems proper to deny is that your respondent so construes the will as to deprive her of a support, on the contrary, your respondent is greatly perplexed to know how much of the said estate ought to be appropriated to the annual support of the plaintiff and fears that he has already allowed a more liberal one than the circumstances of the Estate will justify. Your respondent alleges that by scrutinizing the will it will appear that the Estate is charged also with the support of Eleanor, and as he construes it, of all the six children of Eleanor named in the will, and neither the support for Dicey, or any of then, is especially and clearly defined. Your respondent for his own relief, desires that the Court will direct one of its commissioners to ascertain what would be such reasonable support as Dicey and Eleanor ought to receive and to exercise its discretion in decreeing such parts of the Estate to be held separately and exclusively for each of them