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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 424   View pdf image (33K)
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424 HIGH COURT OF CHANCERY.
ray, whether in erse or hereafter to be born, with power to the
trustee, with the consent and approbation of Mrs. Murray and
her said husband, to sell out and reinvest the proceeds upon
the same trusts. Now, the limitation over in this deed, after
the death of Mrs. Murray is not to her children generally, and
their descendants, but to her children by her then husband, Rich-
ard C. Murray, whilst under the will of her father, the remain-
der, after the determination of her life interest, is, to her chil-
dren generally and their descendants, whether begotten by her
then, or any future husband. Again, in the deed, power is giv-
en to the trustee, with the consent of Mrs. Murray and her hus-
band, to sell out and reinvest, but no such power is given by
the will, and the deed and the will appoint different persons
trustees.
The proposition and prayer of this bill, is, that the stocks held
under the will, shall be sold out, and the proceeds applied in
disincumbering and improving, by putting up new buildings on
the lot of ground held under the deed, and that this lot of
ground shall be conveyed by Mr. Scott, the trustee, under the
deed, upon the trusts mentioned in the will. But the trusts of
the will differ from the trusts of the deed, in, that in the latter,
the parties entitled in remainder are the children of Mrs. Mur-
ray by a particular husband, whilst under the will, the remain-
der is limited over to her children generally and their descend-
ants. The court, therefore, is asked to change the character
of the trust by permitting property held for a special set of
children, to be settled for their use, to be sure in part, but also,
for the use of others, who have no title to participate in it.
This, without remarking upon the other differences in the will
and deed, appears to me, an insuperable objection to the relief
prayed by this bill, which must be dismissed, but it will be
without costs.
T. P. SCOTT for Complainants.
GRAFTON L. DULANEY for Defendants.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 424   View pdf image (33K)
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