ADDISON v. BOWIE.—2 BLAND. 575
cause this Court could have reached, in the most effectual manner,
all the objects aimed at by those bills much more expeditiously,
and at a far less expense. Of all this, had this case been brought
to a final hearing before Harford County Court, I am satisfied, it
might and would have been convinced, and upon that conviction
would, without hesitation, have dismissed these bills.
Therefore, without revising or reversing any thing which has
been heretofore done by that Court, I am of opinion, that in con-
solidating and dismissing these bills. I do no more than would
have been done by that tribunal, as well upon the merits, as upon
the ground of the incompatibility of the proceeding with the suit
now depending in this Court.
Whereupon it is decreed, that the several bills of complaint tiled
in Harford County Court, by the late Freeborn Brown and William
Brown be, and the same are hereby consolidated and treated as
parts of the bill tiled on the 5th of March, 1825, as if the same
had been filed on the 8th of May. 1818. And it is further decreed,
* that the injunction heretofore granted in this case be, and
the same is hereby annulled and dissolved. And it is further 606
decreed, that the bill of complaint of the complainants as herein-
before consolidated, be, and the same is hereby dismissed with
costs to be taxed by the register.
Bee this case as reported in 4 G. & J. 479.
ADDISON v. BOWIE.
CHANCERY PRACTICE.— POWER OF APPOINTMENT.—RIGHT OF CREDITORS
AGAINST ESTATE OF DECEDENT.—ELECTION.—SATISFACTION OF DEBT BY
LEGACY.—DEVISE OF A EIGHT OF HABITATION.—PROFITS OF INFANT'S
ESTATE.
All proceedings, exhibits, and proofs must be marked filed before they can
be noticed by the Court, (a)
A power of appointment as given in a certain will, allowed to be arbitrarily
exercised.
A father, so far as he is able, is bound to maintain his infant children; and
therefore he is held accountable for the profits of their estate held by
him.
A testator cannot, in any way, place his personal estate beyond the reach of
his creditors.
A legatee may file a creditor's bill.
Where a testator may put his devisees to an election to take under or in op-
position to his will the Court may, in such cases, elect for infants, (b)
(a) See Equity Rale, 4.
(b) See 1 Pomeroy Eq. Jur. sec, 509, to the same effect.
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