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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 353   View pdf image (33K)
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gEORGE VS. SPenCER. 353
JAMES B. GEORGE,
ADMR. OF
ABEL SPENCER DECEMBER TERM, 1847.
vs.
CHARLOTTE SPENCER ET AL.
[GIFTS FROM HUSBAND TO WIFE AFTER MARRIAGE—EVIDENCE.]
IT is clearly established, that courts of equity will uphold gifts from a husband
to his wife after marriage, though such gifts are ordinarily void at law,
and that the gift will, as against the husband, but not as against his creditors,
vest in the wife an unimpeachable right of property, which will be treated
as her exclusive and separate estate.
But the courts, for obvious and wise purposes, require clear, satisfactory and
incontrovertible evidence to establish a gift of this description.
[The Chancellor has given a full statement of the pleadings
and facts in the cause, in the following opinion:]
THE CHANCELLOR :
The bill in this case, was filed on the 9th of June, 1845,
and alleged, that the complainant had become the administra-
tor of Abel Spencer, who died intestate, in December, 1844,
leaving a widow, Charlotte Spencer, one of the defendants, and
one daughter, now the wife of James A. G. Waters. That
shortly after assuming this trust, the complainant had discov-
ered, that Charlotte Spencer, had, during the lifetime of her
husband, loaned to the said Waters, the sum of $800, for
which she had taken his note, and a mortgage, dated 27th of
November, 1842. The mortgage being taken in the name of
one Sarah Rebecca Marriott, in trust, for the sole and separate use
of Charlotte Spencer, and payable with interest, in two years
from its date. That complainant had been informed by Waters,
that Abel Spencer, had, in his lifetime, forbidden him, (Waters,)
to pay the money due upon the mortgage, upon the ground,
that the money loaned was not the property of the said Char-
i lotte, but had been covertly taken from him, the said Abel.
And the complainant charged, as his belief, that by means of
31*

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 353   View pdf image (33K)
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