Volume 200, Volume 3, Page 262 View pdf image (33K) |
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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Volume 200, Volume 3, Page 262 View pdf image (33K) |
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