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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 273   View pdf image (33K)
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HITCH VS. DAVIS. 273
the same to Mr. Rogers, taking his note therefor, which note,
though retained by the testator, she alleged he gave to her,
and always, during his lifetime, paid her the interest which
accrued thereon.
And the title to this note constituted the third ground of
claim presented by the bill, which charged the defendant
Davis with having neglected to pay the complainant the rents
and profits of the real estate so devised to her, with a failure
to make the investment of the $5,000, or to pay her the inte-
rest thereon, and likewise with refusing to deliver her the note
of Mr. Rogers, or to pay her the money due thereon. And
the bill prayed that the defendant, Davis, might be compelled
to account for said legacy, principal and interest, for the rents
and profits of the real estate, and that he should be decreed to
deliver up for her use, the note in question, and pay the inte-
rest which had accrued thereon, and had been received by him,
and that if the defendant shall not admit assets sufficient to
pay the said $5,000 legacy, that then an account may be
taken of the estate and effects of the testator, and the same
applied in due course of administration, and for general relief.
The answer of the defendant, Davis, insists that he has duly
and regularly paid to the complainant all the rents she was
entitled to, and that he has invested, according to the direc-
tions of the will of the testator, all and every sum of money
belonging to his personal estate, which the complainant was
entitled to have invested for her benefit; and with regard to
the note of Rogers, the answer, by way of plea, sets up a pro-
ceeding in the Orphans' Court, in which, as the plea avers, an
adjudication was made, that said note wag the property of the
defendant himself.
The cause came on first, to be heard in May, 1851, when,
for the reasons then stated, it was decided that the title of the
complainant, Mrs. Hitch, to the note in question, could not
be maintained, either as a donatio inter vivos, or mortis causa,
and consequently the bill, so far aa it sought to recover from
the defendant, for or in respect of said note, was dismissed,
but in other respects was retained, with liberty to the com-
plainant, by proper proceedings, to make a new party, which

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 273   View pdf image (33K)
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