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John Archer and John W. Stump, Executors of John Stump, Complainants and Appellants, vs. Mary Deneale, Widow and Executrix of George Deneale deceased, Charles T. Stuart and Ann Lucretia his Wife, Mary Catharine and Nancy P. Deneale, Children and Represent U.S. 585 (1828)

handle is hein.slavery/ussccases0146 and id is 1 raw text is: JANUARY TERM, 188. Joiu ARCHER AND JOHN W. STUM , EXECUTORS OF JOHN STUMP, COI IPLAINANTS AND APPELLANTS, VS. MARY DENEALE, WIDOW. AND EXECUTRIX OF GEORGE DENEALE DEOEASED, CHARLES T. STUART AND ANN LUCRETIA HIS WIFE; MARY CATHARINE AND NANcy P. DENEALE, CHILDREN AND REPRESENTATIVES OF THE SAID GEORGE DENEALF, DEFENDANTS AND APPELLEES. The testator, residing and owning real and personal estate in the county of Alexandria, District of Columbia, by his will gate ,all his estate, real an 4 person.il, to his wife during her life, for the use and purpose ofraisingaid educating his children,' each child at the age of twenty-one to be entitled to an equal portion of his estate, real andlpersongl; subjecteacb, to a deduc- tion of one-third for the maintenancebf hiswife. Herecommendshiswife to sell the negrues for uterm of years, and directs an appraisement only of his eitate shall be made, that no sale of the furniture shall be made ; and then states that he is indebted to no one, and proposes to continue so, that be is surety for his brother, for which he holds a deed of trust on his property, sufficient, helhopes, to pay the bame, and directs that his estate shall not be sold to pay these debts until the property so divided shall be sold, when his estate must be charged with any deficiency, and directs that his executors shall not give security, as his own estate did not require it. This will does not charge the real estate of the testator with his debts. 1588} The word estate is sufficiently comprehensive to embrace property of every description, and will charge lands with debts, if used with other words which indicate an intention'to charge them; butif'used alone, with.- out such intent, they will not have such operation. 1589} - Under the laws of Virginia relative to the estate of deceased persons, lands are never appraised. {589} aTItHS was an appeal, by the complainants, in a bill filed in the Circuit Court for the county of Alexandria,, upon which a decree was rendered in favour of the defendahts,' appellees rn this Court. The complainants by their bill sought to make the real estate of George Deneale liable for the payment of their debt. They set forth, that they havea subsisting judgment against the ex- ecutrix of George Deneale, for the sum of 97957 58, , besides interest and costs. That.this judgment was founded on a con- tract between James Deneale and George Deneale, and the tes- 'tator of the omplainants. That 89913 65 of this judgment was satisfied by a sale of the property of James Deneale the principal, leaving a balance due on the judgment of 85000. The bill charges that George Deneale left a considerable estate real and personal. That the personal estate has been exhausted in iiie payment of the debts 6f the said George -De- neale, in a regular courie of administration,--and that there is VoMI. 4F

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