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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 469   View pdf image (33K)
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ELLICOTT VS. ELICOTT. 469
The first opinion upon the application of the Union Bank to
be made-plaintiffs instead of defendants to the bill, was deliv-
ered on the 3d of October, 1848, during the September term of
the Court.]
THE CHANCELLOR :
In September, 1843, the complainants, Samuel Ellicott and
others, filed their bill in this court, making a number of per-
sons, and the president and directors of the Union Bank of
Maryland, parties defendants.
The complainants charged, that a paper purporting to be
the last will of Charles T. Ellicott, executed in July, 1831,
and another paper purporting to be a deed executed by him in
February, 1832, were fraudulent and void, for the reasons
stated, and the bill prayed that these papers might be declared
to be void, and that a certain other paper executed by the same
party in December, 1834, and also purporting to be his last
will, and under which the complainants were entitled to parcels
of his estate, might be established as such, their rights ascer-
tained and determined thereunder, or that the court might de-
cide upon the rights of the complainants, and the other parties
in interest, as the same might be affected by the law of descents.
The bill also alleged that the title of the defendant, Thomas
Ellicott, whatever it might be to the real property in question,
had been sold and conveyed by the sheriff to the Union Bank
of Maryland, under executions from Baltimore County Court,
against the said Thomas Ellicott.
The plaintiffs, then, attacking the first will and deed of Charles
T. Ellicott, upon the grounds stated in the bill, and relying
upon the second will, or upon the law of descents, if both wills
should be adjudged to be void, ask for relief accordingly.
Answers have been filed to this bill, by the defendants, in
which the validity of the impeached instruments is maintained,
and proofs are now in process of being collected upon the one
side and the other.
At this stage of the cause, the Union Bank of Maryland filed
their petition on the 24th of May last, in which they state,
41

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 469   View pdf image (33K)
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