CONN VS. CONN. 213

[William Conn, deceased, by his will dated 14th June, 1821,
devised all his property, (consisting of real estate in Baltimore
county,) after payment of his debts, &c., to his wife Elizabeth
Conn for life; to be divided equally amongst all his children,
whom he mentioned by name, in case she should marry before
his youngest child, Margaret, arrived at the age of twenty-one
years. Should she marry before, the division was not to be
made till his said daughter attained that age; but if such
marriage should afterwards occur, the division was to be made
immediately. Six months after the testator's death his widow
had a son, Silas W. Conn, for whom no provision was made
in said will; and afterwards in the year 1833, she intermarried
with James Hall of Baltimore county, and died in the year
1841, leaving no issue by said Hall, who survived her. By
deed of trust and settlement, between said Elizabeth, and
James Hall, and James Conn, executed a few days before the
marriage, her personal property was conveyed to James Conn,
in trust, for her sole and separate use, with power to dispose
of the same as if she were zfeme sole, and invest the proceeds
in such manner as she thought fit; and also, with the power to
dispose of the same by will. After her marriage to Hall, she
purchased of four of the children of her first husband, the
interest which they severally had in their deceased father's
estate. The real estate of the testator, Wm. Conn, was, after
the death of his widow sold under proceedings in this court,
and two accounts were stated by the Auditor, assigning the
proceeds of sale to the parties entitled under the will of the
testator. Before such distribution was actuany made, a peti-
tion was filed by Edward Jenkins and others, stating that said
Elizabeth, during her second marriage, had been possessed of
a separate estate, and had traded as afeme sole, with the con-
sent of her husband; that she, together with him, had made to
the petitioners, respectively, a single bill, and two promissory
notes; and had died, without paying the same, and leaving no
assets except the funds then in court for distribution. The
petition further stated, that James Hall, was also dead, insolv-
ent, and prayed for an application of the said funds, to the