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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 470   View pdf image (33K)
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470 HIGH COURT OF CHANCERY.
that being defendants upon the record, it is doubted whether
they are in a position to have their rights adjudicated, and a
decree passed in their favor, in case they should, upon the
hearing, be held entitled to the property; and they, therefore,
pray, that an order may be passed, striking out their names as
defendants, and making them plaintiffs, and treating them in
the further progress of this cause as occupying that position.
The assent of the complainants having been given to this
amendment, an order passed accordingly on the same day.
Afterwards, on the 28th of the following month, three of the
defendants filed their petitions, in which, upon the grounds
therein set forth, they prayed that the order of the 24th of
May might be rescinded, and that the bank should be required,
in the prosecution of its claims, whatever they might be, to
proceed in the usual mode, and according to the course of the
court.
An order then passed for a hearing of the application, and
counsel have been heard accordingly.
The object of the bill, as we have seen, was to set aside the
first will and deed of Charles T. Ellicott, and that the second
will might be established, or, in case the court should consider
and pronounce all these instruments invalid, that then, and in
that case, it should decide upon the rights of the parties as
they might be regulated by the act of descents.
The questions thus presented by the bill, are entirely differ-
ent from any claim which the Union Bank may have in virtue
of the purchase by it, at the sale made by the sheriff, of the
interest of Thomas Ellicott.
The plaintiffs charging that the first will and deed are void,
upon the ground of the mental imbecility of Charles T. Ellicott,
and the imputed frauds of Thomas Ellicott and William M.
Ellicott, found their title to portions of the property, first,
upon the second will, and secondly upon their right, as heirs at
law, if all the instruments should be found to be invalid, and
this was the case, which the defendants, who insist upon the
validity of the first will and deed, had to meet.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 470   View pdf image (33K)
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