| Volume 200, Volume 3, Page 121 View pdf image (33K) |
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GOUGH VS. CRANE. 121 Though the Act of 1841, oh. 163, does not apply to the Court of Chancery, or require objections to the jurisdiction to be made at any particular stage of the case, yet its policy and the manifest justice of the provision, may have influence when a question not free from difficulty is presented. [The bill in this case was filed on the 19th of December, 1849, by the administrator of Mary Crane, against the execu- tors of her late husband, George Crane. It alleges that the said Mary, then Mary Gough, intermarried with the said George some four years since; that at the time of her intermarriage she held, in her own right, certain bonds for moneys due to her by sundry persons; that after her intermarriage she died, leaving her husband, the said George, surviving her, who has since died, leaving the defendants his executors. That neither before the marriage were the said bonds assigned to the said George Crane, nor during the marriage were said bonds ever assigned or their character changed, nor were they reduced into possession during the life of said George, or judgments obtained upon them; but remained after his death unchanged, executed in the name of the said Mary Gough, unendorsed, unassigned, and in the same condition in which they were at the period of the marriage. That after the death of the said George, his executors took possession of said bonds, and re- turned and filed the originals thereof in the Orphans' Court of St. Mary's County, and copies of them are made exhibits. That letters of administration on the estate of Mary Crane were granted to complainant on the 13th of December, 1849. That as such administrator he is entitled to take and receive the proceeds of the said bonds, for the use of the legal repre- sentatives and distributees of the said Mary, the said George never having in his lifetime either reduced them into possession or recovered judgments thereon; and as such administrator he has demanded to receive them of the executors of said George, who have refused to deliver them over until the right to them shall have been decided. Wherefore, in order that complete and speedy adjustment of the respective claims may be had, and said bonds conveyed to the parties entitled to receive them, the bill prays for a subpoena, &c., and for an order directing |
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| Volume 200, Volume 3, Page 121 View pdf image (33K) |
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