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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 106   View pdf image (33K)
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106 HIGH COURT OF CHANCERY.
satisfy them all. If there be a reasonable doubt of the ade-
quacy of his means, or if his property be so circumstanced,
that delays, difficulties and expense must be encountered be-
fore it can be made available to his creditors, then, as I con-
ceive, the voluntary conveyance must fall, because then it has
the effect to delay and hinder his creditors. The language of
the Court in Salmon vs. Bennett, 1 Conn. Rep., 542, which case
was the principal foundation of the decision of the Court of
Appeals in Worthington and Anderson vs. Shipley, shows that
these voluntary deeds must yield to the superior claims of
creditors, if they operate either in prejudice of their rights or
will occasion embarrassment in the prosecution of them.
Speaking of voluntary conveyances which will be supported,
the Court say, " A voluntary conveyance made to a child in
consideration of natural love and affection, if the grantor is in
prosperous circumstances, unembarrassed and not considerably
indebted, and the gift is a reasonable provision for the child
according to his state and condition in life, comprehending but
a small portion of his estate, and leaving ample funds unen-
cumbered for the payment of the grantor's debts, then such
conveyance will be valid against debts existing at the time."
Now, although it may be quite possible .that the validity of
a voluntary conveyance will not depend upon the disposition
which the grantor may make of his property among those who
have natural claims upon him, that is, that it cannot be im-
peached, because it may produce inequality among his chil-
dren, and, therefore, so far as his children are concerned, the
words " comprehending but a small portion of his estate " are
of no significancy, yet those words are very pregnant when
we are considering the rights of creditors. The courts in
introducing them, as indicating one of the qualifications upon
the right of a party, who is in debt, to give away his property,
show a marked anxiety to take care that no prejudice shall be
done to creditors, and the employment of the other words,
"and leaving ample funds unencumbered for the payment of
the grantor's debts," in the same connection, and as a further
restraint upon the power of the donor to part with his pro-

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 106   View pdf image (33K)
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