clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 555   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

HELMS v. FRANCISCUS.—2 BLAND. 555

to her son Frederick, and to any other child or children of her's
who may, by the law of Maryland, take, as such, from her.

A settlement of this kind, is the peculiar creature of equity;
the chief purpose of it is to save a married woman from the evil
conseqneiices of the misconduct, negligence, or misfortune of her
husband. And, as in this instance, there is much reason to be-
lieve, that the wife may stand in need of all the safeguards the
Court can place about her; I shall limit her power of alienation,
during coverture, by-directing the rents and profits or income only,
of the amount to be invested for her separate use, to be paid to her
from time to time, and not by anticipation; so that she may not,
by any undue influence, be deprived of that means of support,
which it is the intention of the Court to have most effectually
secured to her. Parlies v. White, 11 Vex. 210; Brandon v. Robin-
son, 18 Vex. 429; Jackson v. Hobhouse, 2 Meriv. 486; Barton v.
Briscoe, 4 Cond. Cha. Rep. 283; Woodmeston v. Walker, 6 Cond.
Cha. Rep. 457; Jones v. Salter, 6 Cond. Cha. Rep. 463; Brown v.
Pococl; 6 Cond Cha. Rep. 464.

The claims of Sumwalt and McFarren, and of Flagler. only re-
main to be disposed of.

It is well settled, that a married woman is fully competent to-
come into this Court and make a valid release of whatever she may
be entitled to have awarded to her, upon the ground of "the wife's
equity;" and consequently, this plaintiff Anna, must be held, by
this her bill, to have completely released all her claims and pre-
tensions to the full extent of the mortgage or assignment of such
her interest to Surnwalt and McFarren;; and her husband Lewis
Helms, having by his answer expressly admitted the validity of
their claim, the whole of it, principal and interest, must be decreed
to be paid to them, when the amount shall have been stated by the
auditor.:

With regard to Flagler's petition, as he does not pretend to give
his claim any other or stronger foundation, than that of an assign
ment *from Lewis Helms, after the 29th of August, 1823;
and as Lewis Helms could not after that time, when he had 584
consented to the settlement of the whole upon his wife, have been,
nor cannot now be allowed to take any part of this legacy; Flagler,
who only claims under him, cannot he permitted to take any part
of it. And consequently, without saying anything of the propriety
of Flagler's petition, in other respects, it is perfectly evident that
it must be dismissed with coats.

Whereupon it it Decreed, that the said executors, John Fran-
ciscus and Philip B. Sadtler, account with Anna G. M. Helms and
Lewis Helms, her husband, of and concerning the personal estate
of the late Carsten Newhaus, including as a part of the said re-
siduary legacy, so much of the personal estate as was given by the
last will of the late Carsten Newhaus, to. Betsy A. Bauers, ——

 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 555   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 06, 2023
Maryland State Archives