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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 1, Page 193   View pdf image (33K)
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JONES AND WHITE VS. BROWN. 193

cessary implication, excludes the right of the husband, in the
event of his surviving the wife, and in default of her exerting
the power which was reserved to her, to dispose of the property
by will, or by a writing in her lifetime, executed in the mode
pointed out.

The language of the settlement is, that "notwithstanding the
marriage shall take effect, all the rents and profits of the real
and personal estate, of which Drusilla Elliott, is now seized,
and possessed, or entitled to in expectancy, which shall become
due, and payable to her the said Drusilla Elliott, and, also, the
interest thereon due or to become due, also the reversion and
reversions of the said real and personal estate, shall be account-
ed, reckoned and taken, as the separate and distinct, real and
personal estate of, and from the estate of him, the said Lloyd
Brown, and be in nowise liable or subject to him, or to the pay-
ment of any of his debts, but with the profits or increase, that
shall thereafter be gotten, gained, or made, of the same, be or-
dered, disposed, and employed, to such person, or persons, to,
and for such use, and uses, intents and purposes, and in such
manner, and form, as is hereinafter mentioned and declared;

that is to say, that the ready money arising or accruing out of
the said separate and distinct, real and personal estate, of which
the said Drusilla Elliott, is now seized and possessed, or which
she may be entitled to, in expectancy, shall from time to time
be placed out at interest, on such securities, as the said Drusilla
shall think fit; which securities, during the coverture, shall be
taken and made, in the names of the said Henry Jones, Jr.,
and William Q. White, or the survivor of them, or in the name
or names of such other person, or persons, as the said Drusilla,
shall order and appoint, in trust for her, said Drusilla Elliott"—
"and that, all the separate and distinct estate, as before des-
cribed, declared and allotted, for the said Drusilla Elliott, as
aforesaid, and the produce, and increase thereof shall be had,
taken, held, possessed, and enjoyed, by such person, orpersons,
and for such use and uses, as the said Drusilla Elliott, shall, at
any time or times, hereafter, during her life, limit, devise, order
or dispose of the same, or any part thereof, either by her last
VOL. i—17



 
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 1, Page 193   View pdf image (33K)
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