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“Bill on the equity side of the court, setting forth that John A. Holt, by his last will, devised to his wife all his real estate during her life, and after her death, he directs that the said real estate shall be let out for a yearly rent, to be paid to his daughter during her life, and after her decease, that the said estate should be sold at public auction by his executors, and that the proceeds thereof should be divided amongst his grandchildren, share and share alike, except that his grandson Michael Cooper should have two shares. That after the death of the widow and daughter, George Foulkrod, the surviving executor, sold a certain tract of land, part of the testator’s estate, for the sum of $12,000. That the said Lewis Benner, a citizen of the state of Maryland, previous to the death of the widow of the testator, purchased from four of the grandsons, (of whom M. Cooper was one) five eighths of the real estate of the testator, or the proceeds thereof, which was duly assigned, transferred, and set over to him; that the plaintiff, who is the administrator of the said Benner, is a citizen of the said state of Maryland, and the defendants are citizens of this state. The prayer of the bill is, that the defendants, who are administrators of George Foulkrod, the surviving executor of Holt, may discover which real estates of Holt had been sold, and to what amount, and may pay to the plaintiff five eighth parts of the proceeds of such sales. The bill does not state that the legatees from whom Benner bought were citizens of a state other than Pennsylvania.”

Case Citation

4 Wash. C. C. 349