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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 123   View pdf image (33K)
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GOUGH VS. CRANE. 123
the personal estate of their testator. That the original bonds
have been filed for safe keeping in the office of the register of
wills of St. Mary's County, and they have refused to deliver
them to the complainant until the right, if any he has, is
determined in the premises.
These respondents, therefore, believing and having been ad-
vised that they have a right to said bonds, and that they are
entitled to receive as executors as aforesaid the proceeds of
the same, pray the Court to decree accordingly, and that the
complainant, as administrator as aforesaid, be ordered and
directed to endorse said bonds to respondents, so that they
may be enabled to proceed at common law to recover the
amounts due upon them from the respective obligors; and to
pass such decree in the premises for the full and entire settle-
ment of the matter and relief of respondents as may be just
and equitable, and decree to them their reasonable costs, &c.
On the 22d of June, 1850, by agreement of parties the
general replication was entered, and a commission issued to
take testimony.
Under this commission, returned on the 4th of January,
1851, it was proved on the^ part of the defendants, by Mrs.
Sarah Drury, a competent witness, that about three weeks
before Mrs. Gough's marriage to Colonel Crane, the latter re-
mained all night at the house of a Mrs. Smith, where Mrs. Gough
was staying, and Mrs. Gough came into Mrs. Smith's room, and
said to Mrs. Smith and witness that she and Colonel Crane had
made a bargain. Witness asked her what the bargain was.
Mrs. Gough replied, that she had given all her notes for her
money to Colonel Crane, and he promised to give her the inte-
rest of them as long as she lived, and that she had said to
him, " Colonel, you know that when I die it is all yours."
Witness has often heard Mrs. Gough declare, before her mar-
riage to Colonel Crane, that she wished no one to have her
property except Colonel Crane and his children. That Mrs.
Gough, during the same conversation detailed above, observed
that she and Colonel Crane were going to be married in a few
weeks, and they were married shortly thereafter.

 
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 123   View pdf image (33K)
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