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420 HIGH COURT OF CHANCERY. for their heirs, executors and administrators, and in case there be no such children, or their descendants, living at the time of her death, then in trust, that the same should be conveyed and assigned" to the right heirs of the devisor. And by a deed dated the 24th of October, 1848, Charles Feinour, Jr., conveyed to T. Parkin Scott, his executors, ad- ministrators or assigns, a leasehold interest in a lot or parcel of ground in the city of Baltimore, therein particularly described, with the improvements thereon, subject to the payment of the rent reserved in said lease, in trust, for the sole and separate use of the said Barbara Ann Murray, during the life of her said husband, and during her widowhood, if she survive him, then in, trust, for the use and benefit, in equal portions, of all the chil- dren of the said Barbara Ann Murray, by her said husband, Richard C. Murray, whether in erse, or hereafter to be born, with power to the said trustee, with the consent and approba- tion of said Barbara Ann Murray, and her said husband, but not without, to sell, dispose of, and convey the said premises, and reinvest the proceeds of such sale, upon the same uses, and trusts, herein set forth. Afterwards, on the 8th of January, 1851, the said Barbara Ann Murray, and her infant children, by her said husband, "Richard C. Murray, the latter suing by the said Thomas Parkin Scott, as their next friend, filed their bill against Thomas Feinour, the trustee named in the will of Charles Feinour, (the elder,) stating that the lot of ground conveyed by the deed of Charles Feinour, jun., is incumbered to the amount of about six hun- dred dollars, and that by the payment thereof, and by the erec- tion of suitable buildings on the rear of said lot, (the building in front being occupied by the complainants as a dwelling,) which would cost about five hundred dollars, the value of the lot would be greatly enhanced, and the income of the trust es- tate improved, to the great and permanent advantage of the complainants. That they do not desire to continue the invest- ment in bank and manufacturing company stock, but would prefer a change of the investment, even if the improvement suggested should not be made, but that the trustee, Thomas |
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
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