Ellen Johnson v. Morris Adler. Petitioner's Rebuttal


And thereupon the Petitioner by way of rebutting proof offered and gave evidence to shew that said Thomas Turner Senior died in the year 1816 leaving an Olograph will, which was proved to pass[?] personalty and thereby gave his whole personalty to two Trustees [strikethough] & appointed them his Executors; one of the said Executors [illegible] qualified, and in his settled his first account in 1817, and his second in 1821 at which time after charging himself with the whole inventory he had over paid the Estate $124. that said Ellen was included in the said inventory. that the family of said Thomas Turner Senior continued to live together in George town after the death of their said Father until one of the sons removed to the South West, and one of the daughters married. the other two daughters continued to live with the defendant interstate Thomas Turner Junior until his death in 1849. in 18 prior to 1829 the said daughters or some one or more of them sold out to the said Thomas Turner Junior her or their interest in the real estate in George Town; and the said sisters and while residing [torn page]   with their said brother knew that said Nelly was living as aforesaid with her said free husband in said Town of George Town, but did not, nor did either of them in any wise interrupt the continuity of the said going at large of said Nelly in manner aforesaid