THIS was an appeal from the Court of Chancery,

On the 13th of September, 1784, the appellants filed their bill in the Court of Chancery, against the appellees. By the bill it appears that fames Weems, being possessed of a very considerable personal estate, consisting of slaves, stock, ready money, Continental and State of Maryland loan-office certificates, bills of exchange, plate, and other articles, duly made and published his last will and testament in writing, bearing date the 14th of November, 177S, by which will the testator made divers dispositions of certain parts of his personal estate, and provided for the payment of his funeral expenses, his debts that might be justly due, and the legacies therein, given out of a certain fund, by the will appropriated for that purpose, and appointed and constituted his son folm his executor. That the testator died in or about the month of September, 1781, without altering or revo-; king the said will. That the said executor proved the will, -and possessed himself of the whole personal property of the testator. That at the time of the death of the testator, there were debts due and owing to him by bonds, &c. to a large amount, which the executor had received. That the said testator by his said will did not make any disposition or bequest of his plate, ready money, and loan-office certificates, of which he teas possessed in his lifetime and at his death, nor of the debts due to him, or of any part thereof nor did he by his said will subject them to the payment of his funeral expenses, debts or legacies ; but as to the same, the said testator died intestate. That the said testator left three sons, viz. fohn, William, L. and fames, (the appellees,) and one daughter, Margaret, who intermarried with foseph Sprigg, .(one of the appellants,') that she is since dead, and letters of administration on her estate had been' granted to the said Sprigg. That Sarah, the wife of William Allien, Anne, the wife of Daniel Kent, Elizabeth, the wife of Levin Ballard, and Mary Bond, (also appellees,) ate the children of Roger Wheeler and Susanna his wife, which, said Susanna was also a daughter of the said testator, and died during his life-time. That Samuel Chew (another of the appellees) is the only child of Samuel Chew and Sarah his wife, and which said Sarah was another of the daughters of the said testator, and died in his life-time. That the said testator left no other children or grandchildren, but those above mentioned. That they claimed a distribution, each of one sixth part of the moneys, plate and certificates, of which the testator was possessed as aforesaid, and of all the debts due to him,, and moneys received by the executor. •

The answers of the appellees admitted the facts stated in the bill, except that they denied, that the testator, by his will, did duly dispose of his plate, money, loan-office certificates and debts, and contended, that he did not die intestate with respect to any part of his real or personal estate.

The will of the testator, which is exhibited, recite?. that being in perfect health, and of sound mind and memory, makes his last will and testament, “ directing in what manner the real and personal estate which Almighty God has bestowed upon me, shall be distributed after my decease.” ,

He then devises all his real estate, and recites, that he had advanced for his daughter Susanna, on her intermarriage with Roger Wheeler, a full share of his personal estate, adds 400/. to be divided among his four daughters, to be kept and given to their children, when married, or of age.

He then recites,, that lie had advanced handsomely for his daughter Sarah, on her intermarriage with Samuel Chew ; yet to induce him to make an adequate provision for her son, he gives the son 1,000/. certificates in the continental treasury, the interest to be added to the principal, and paid when he arrives of age. But if he dies before,- to be considered as part of his estate.

He then bequeaths to Margaret Elzey, 1,000/. continental certificates, discounting therefrom such sums as heretofore given, or that he may hereafter give her before His death.- Also two negroes, a carriage, horse, saddle and bridle ; and adds a note, that the negroes, pjate and household furniture before given, should not be accounted any part of the bequest.

He then directs, “ all the remaining part of my personal estate, (except the silver plate,) viz. negroes, horses, cattle, &c, be sold at public vendue, and the money arising therefrom to be put into the Continental or Stale treasury, and that after my just debts, funeral expenses and legacies are discharged, the remaining sum shall be divided into three equal parts, and put into possession of my three sons, to be by them kept in such treasury, and the interest thereon added to the principal yearly, to be by them kept for the benefit of all their now lawfully begotten children, and also all those that may be hereafter lawfully begotten by either of them, and that each of my sons shall pay to their child-Yen, all the aforesaid part and interest in such proportion, as they shall think proper after their girls are married, and their sons attain the age of twenty-one years; but if either of my sons shall neglect so to do in their life-time, or by their last will direct how they would have it done, it is my will, that the same be equally divided amongst them; and if either of them should die before they receive their part, such part shall be equally divided amongst the other children of such son aforesaid, and no other person shall have any part thereof.”

The case having been fully argued before Chancellor Rogers, as stated in his decree, he did, on the 17th of August, 1786, adjudge, order and decree, “ that James Weems the testator, in the bill arid answer mentioned, did not die intestate of any part of his personal estate, except his silver plate, and that the complainants’ bill be dismissed, so far as the same seeks relief respecting the personal estate of the said James Weems, exclusive of the said silver plate, and that the said defendants, by their further answer to the said bill, do and shall make and give a full and particular discovery and account of the silver plate of which the said James Weems died pos sessed or entitled to, so far forth as hath come to theíi knowledge.”

From which decree the present appellants appealed to this Court.