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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 468   View pdf image (33K)
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468 HIGH COURT OF CHANCERY.
that they proceed no further with said appeal, without the leave
of this court first had and obtained.
JOHN JOHNSON, Chancellor.
WILLIAM SCHLEY for the Petitioner and for the Defend-
ant, Kerr.
GRAFTON L. DULANEY against the Petitioner and for Com-
plainants.
SAMUEL ELLICOTT, JR. ET AL.
vs. JULY TERM, 1850.
THOMAS ELLICOTT ET AL.
[CHANCERY PRACTICE—LAW Of DESCENTS AND DISTRIBUTIONS.]
PARTIES having conflicting interests, each claiming the title to the property in
dispute to be in himself, cannot unite as plaintiffs, and a bill containing an
averment that one of the plaintiffs is entitled, and that if he is not his co-
plaintiff is, cannot be supported.
The proper mode by which such an objection to a bill can be taken advantage
of, is by a demurrer.
Where a party dies intestate, and without issue, leaving an uncle and the chil-
dren of uncles and aunts bis next of bin, his whole estate, real and person-
al, by the act to direct descents of this state, descends to, and becomes the
property of the-uncle, to the exclusion of his other relatives.
[The complainants in this case, were Samuel Ellicott, junior,
Elias Ellicott, Philip T. Ellicott, John A. Ellicott, Andrew El-
licott, Andrew Ellicott, jr., Benjamin Ellicott, Benjamin H.
Ellicott and George Ellicott, all children of uncles of the
whole or half blood of Charles T. Ellicott, deceased, whose
property is the subject of controversy in this suit. and who
died without issue, leaving the defendant, Thomas Ellicott, his
uncle, and the complainants, and others, children of his de-
ceased uncles and aunts, his sole next of kin, surviving him.
All the remaining facts of the case necessary for an under-
standing of the opinions of the Chancellor, are therein stated.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 468   View pdf image (33K)
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