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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 3, Page 202   View pdf image (33K)
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202 WILLIAMS' CASE.—3 BLAND.

The tenant for life must keep down the interest of the debt with which the
estate is encumbered

the tenant by curteby such proportion of the purchase money as the Court
shall think just and equitable and in decreeing such proportion of the said
purchase money to the said tenant, the Court shall be directed by the age,
health and condition of such tenant Rev Code Art 47 sec 58 The forty
first ru'e of the Circuit Court of Baltimoie City provides that the allow-
ance to a healthv tenant by the curtesy shall be three times as much as
would be allowed a widow of the same age

When an infant is seized of a reveision dependent upon a life estate, the
Court may with the assent of the tenant for life ordei the annual interest,
or such part thereof as may be deemed equitable to be paid to the tenant for
life, during his life Rev Code, Art 66, sec 26

Where any person is entitled by deed or devise to a life estate in an un-
divided part of the leal estate of an intestate the same proceedings shall be
had as are directed in statutory rule in the case of tenants by curtesy Rev
Code Art 47 sec 61

The propriety of using the lables of Mortality and Interest, instead of the
Equity Rules to determine the value of life estates has been in several
cases considered by the Courts In Dorsey v. Smith 7 H & J 346, the value
of an annuity for life charged on land was in question The Court declared
that the Equity Rules and not the Tables furnished the propei rule for ascer-
taining the value of the annuitv and that the tables existing at that time
being based on observaations made entirely in Europe, could not be relied on
in this country

In Peyton v lyers 2 Md Ch D 65 it appeared that a mortgage had been
given by the defendants to the complainants to secure the payment of a sum
annually during the life of another The bill v, as filed for the sale of so
much of the property as should be necessary to pay the debt The Chancel-
lor alluded to the great difference in the value of the life estate when de
termined by the Equity Rules and by the Tables, and the injustice of the
former method of apportionment but he regarded the opinion of the Court
of Appeals in Dorsey v. Smith as final, and binding on him He intimated,
however, that, had the question first arisen at the time he speaks a different
decision would have been made by the Court In this case the value of the
annuity was not computed but the principal was invested under limitations
securing the payment of the annuity as originally created

The rule is the same as to personalty Where bank stock was held in trust
for one for life with remainder to her children and the life-tenant consented
to a sale it was held that the equity rules and not the tables must be used
to determine the proportion of the proceeds payable to the life-tenant Aber-
erombie v Riddle, 3 Md Ch D 325

In this case the life-tenant was in delicate health, and in computing her
allowance, five vears were added to her age on account of this fact

In Hoffman v Rice, 38 Md 284, the equity rules were used to determine
the value of a husband's estate by curtesy initiate The Court said " This
has been long accepted and adopted in the Chancery practice of this State as
the correct method of ascertaining the present value of estates for life in
land and life estates of all descriptions other than dower or those embraced
by some legislative provision '

In Williams'' Case the Chancellor after examining with much learning the
various tables existing at that time reached the conclusion that none of
them could be adopted by the Court in its proceedings for want of sufficient

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 3, Page 202   View pdf image (33K)
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