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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 252   View pdf image (33K)
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252 HIGH COURT OF CHANCERY.
for supposing that the release from Mrs. McCIellan to her
father was procured by any undue influence exerted by him
towards her. He ceased to be her guardian on the 29th of
June, 1825, and the release was not executed until the 12th
of March, 1884, nearly nine years afterwards; he in the in-
terval having been indicted and convicted for having unlaw-
fully married his stepdaughter, Miss Bedford. The release,
therefore, though gratuitous, must be assumed to have been
freely and voluntarily made, with full knowledge of all the cir-
cumstances, and a total exemption from any influence which
could affect its validity.
In the case of Fridge vs. The State, S G. & J., 104, it was
decided that a female under the age of twenty-one cannot exe-
cute a release to her guardian, though she has capacity to re-
ceive payments from him at the age of sixteen; and the release
in that case, which was executed on the 15th of July, 1824,
and which the Court declared was manifestly prejudicial to the
infant, was adjudged to be void. But since then the legisla-
ture has interposed, and by the 7th section of the Act of 1829,
ch. 216, the releases of females of the age of eighteen years
to their guardians, or to any executor, or administrator, are
placed upon the same footing precisely as if such females were of
the full age of twenty-one years. The language of the section
is, "that from and after the passage of this Act, any receipt,
acquittance, release, or final discharge, which shall be executed
before the Orphans Court of the county where the estate shall
have been settled, by a female of the age of eighteen years, to
any guardian, executor, or administrator, shall have the same
effect and operation in law in every respect, and to all intents
and purposes, as if such female were of the full age of twenty-
one." And by the provisions of the Act of 1831, ch. 305,
similar releases, executed by females of the age of eighteen
years, and acknowledged before a justice of the peace, are de-
clared to have the same effect aa if acknowledged, before the
Orphans Court. The release of the present Mrs. McClellan,
to the former guardian Mitchell, was executed and acknow-
ledged, in all respects, in conformity with the requirements of

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 252   View pdf image (33K)
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