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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 271   View pdf image (33K)
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HITCH VS. DAVIS; 271
given by his will. Such, I say, is highly improbable. But
whatever he intended to do, and conceding that I am mistaken
in regard to his intention, I think it very clear he had not
executed hiS intention in the mode required by law, to the per-
fection of a parol gift. That is, that he did not part with his legal
power and dominion over the subject of the gift, and therefore
that it ia void in law and equity, will not make it good. There
can, then, be no recovery, so far as the note of Mr. Rogers a
concerned.
The bill, however, embraces other subjects, and with refe-
rence to these, the proceedings have become defective, in conse-
quence of the discharge of Jacob G. Davis, a trustee under the
will of Mr. Betts, and the appointment of another trustee in
his place.
Before an account of these subjects can be taken, they
being within the trusts of the will, it is indispensable that the
new trustee should be made a party, which has not been done,
and the case, therefore, as to them, will be allowed to stand
over, with liberty to the complainant, by proper proceedings,
to bring the new trustee before the Court.
[The Chancellor accordingly passed an order, dated the 9th
of May, 1851, dismissing the bill, "so far as it seeks to recover
from the defendant, Jacob G. Davis, for or in respect ef the
note of Lloyd N.Rogers to Solomon Betts, for the sum of
$2,673 75, dated the 17th of November, 1838, in the pro-
ceedings mentioned," but "that the said bill in all other
respects be retained, with liberty to the complainant, by proper
proceedings, to bring before the Court, as a party, William
George Krebs, the trustee appointed in the place of Jacob G.
Davis, one of the defendants, to execute the trusts of the will
of Solomon Betts, deceased. And it is further adjudged,
ordered, and decreed, that the question of costs be reserved
for further order." A supplemental bill was then filed, making
the said Krebs a party, and he having answered, the cause
was, with regard to the questions left open by the decree of
May, 1851, sent to the Auditor for an account, from the

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 271   View pdf image (33K)
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