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1 Smith & H. 206

Egbert v. Thomas

Indiana Supreme Court

Decided May 15, 1849

Indiana Supreme Court · decided 1849-05-15

The material facts disclosed by the bill, answer, and depositions in this case were as follows:— John Thomas died in the year, 1839, leaving a widow and fifteen children. He made a will, devising all his personal property to his widow, {‘ for the use of his children, but if she should marry, then she should have only what the law allows her.” All his real estate except the widow’s third part, was to be divided among his children when they became of age.

Relies on Grimes v. Wilson

Decided 1849-05-15

Smith, J.

¶1— ” 'We think the decree is not equitable. The will is not set out in the record, and we shall not stop to e vaminc, critically, the legal effect of the terms by which the personal property is staled by tire complainants’ bill to have been devised. The widow appears to have been authorised to use the property for the maintenance of the children, and the whole amount of it was so small, that it was a very slender allowance, for the support of the seven who remained with her after ihe death of their father, until her marriage with Egbert.

¶2‘•The remedy of the complainants with respect to the rents and profits of the real estate was at law and not in equity. They show no peculiar ground, such as is requisite to authorise the interposition of a court of chancery for the purpose of compelling an account. Grimes v. Wilson, 4 Blackf. 331.

¶3Decree reversed, &c.

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