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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 114   View pdf image (33K)
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114 HIGH COURT OF CHANCERY.
THE CHANCELLOR:
This case is submitted to the Court upon exceptions to the
report of the Auditor by which the residue of the proceeds of
the sale of the real estate in the proceedings mentioned, was
assigned to the heirs at law of Annie Mercer, and not as the
acceptants insist it should have been, to her personal repre-
sentatives, and through them to her next of kin, under our
statute of distributions.
The land sold was the property of William D. Mercer, de-
ceased, and upon his death intestate descended to Annie Mer-
cer, his infant child and only heir at law. The personal estate
of the father being insufficient to pay his debts, a creditor's
bill for the sale of the realty was filed, and a decree was passed
for that purpose. Under this decree a sale was made on the
16th of November, 1850, and a conditional order of ratification
obtained, but before the final ratification, or the time limited
to show cause against the ratification had elapsed, Annie
Mercer, the infant heir, died, her death having occurred on the
10th of December, 1850, and the sole question raised by the
exceptions is, whether the surplus proceeds of sale after pay-
ing the debts of the father should be given to the heir at law,
or the personal representatives of his daughter and heir.
Upon the death of William D. Mercer, his land of course,
descended to his heir at law, subject, however, to the claims
of creditors, and the question therefore is, whether at the
period of the death of his daughter and heir, the proceedings
in this case had progressed to that point, which, according to
the doctrine applicable to the subject, had changed the nature
of the property and converted that into personal which had
been real estate.
Upon this question very elaborate and well-considered writ-
ten arguments have been prepared and presented by the
counsel of the respective parties, which I have read with
attention; and I should have much difficulty in coming to a
conclusion upon the subject, but that I am strongly impressed
with the conviction that the point upon which the controversy

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 114   View pdf image (33K)
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