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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 262   View pdf image (33K)
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g62 HIGH: COURT OF CHANCERY.
confirmation. , The Auditor reports that none of the witness
speak of the health of Richard Gambril as of the day of sale,
the period to which the proof should be directed; and no proof
has been taken in reference to the health'of his wife, to whom
an allowance is made for the value of her contingent life in-
terest. Now, inasmuch as the amount of each of these-allow-
ances depends upon the age and state of health af the parties
at the time of the sale, the case must go back to the Auditor,
that the necessary evidence may be supplied..
R. J. BRENT, for the Exceptants.
A. H. GAMBRIL, for the other parties.
AUGUSTA HITCH
vs. MARCH TERM, 1863.
JACOB G.. DAVIS, AND OTHERS.
[POWER OF THE COURT TO DECREE DEVISES UNDER ACT OF 1881, CH. 811.]
IT is not necessary that the party who applies to this Court to order a de-
mise under the 5th section of the Act of 1831, ch. 311, should be the tenant
in possession: the tenant of any particular estate, of full age, whether in
possession or not, may apply under that section,
Bat the Court is not at liberty to order a demise under that act, unless it Is
made to appear affirmatively that the interest and advantage of all parties
would be promoted by it.
A testator devised land, in trust, for his daughter for life, remainder to his
granddaughter, the complainant, for life, remainder to the lawful issue of
such granddaughter, in fee, if any such be living at the time other death,
but if none, then remainder to his daughter, M. D., for life, remainder in
fee to her son, S. B. D. Upon a bill by the complainant, under the Act of
1831, ch. 811, to 'have the land leased, it appearing by the proof that those
who might "be ultimately entitled in remainder would be injured by such
lease, the bill was dismissed.
[Solomon Betts devised by his will his country place, con-
taining about fifty acres, situated within the limits of the city
 

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 262   View pdf image (33K)
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