Mosley v. Mosley's Devisees

*302It seems to this court that tbe legacy in question of £25, to Mary Milbern, now Mary Mosely, one of the complainants in the court below, is charged on the estate, both real and personal, devised to Robert Mosely, who was the defendant in that court, and that he could mot be exonerated from the payment thereof otherwise than by renouncing his interest under the devisee. But it is proven that the defendant has actually appropriated a considerable part of the real estate. The court below, therefore, ei’red in dismissing the bill of the complainants.

Wherefore, it is decreed and ordered, that the…