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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 320   View pdf image (33K)
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820 HIGH COURT OF CHANCERY.
the case back to the Auditor, for the purpose of reporting
upon this point, and with directions to ascertain how much is
now due from the administrator for cash.
When this report cumes iu, a decree can be passed directing
the payment over to the present guardian of the cash, ascer-
tained to be due from the administrator, and providing for the
payment of future collections as they are made, and reserving
liberty to the complainant to apply to the Court for such
order or decree on the mortgage, as the exigencies of the case
may require.
FRANK H. STOCKETT, for Complainant.
A. RANDALL, for Defendant.
MARY F. ABERCROMBIE AND OTHERS,
vs. DECEMBER TERM, 1860.
ROBERT RIDDLE AND OTHERS.
[RULE FOR ASCERTAINING THE PRESENT VALUE OF A LIFE INTEREST.]
THE ancient rule of the Court, fixing the allowance to a woman in lieu of
dower, applies in all cases where it becomes necessary to ascertain the
present value of a life interest.
This rule having been sanctioned by the Court of Appeals, in the case of
Dorsey vs. Smith, 1 S. & J., 846, the authority of this Court to change it
is questionable; and even if it could do so with propriety, the change
should be prospective, and not so as to affect an actually depending case.
The Courts have no dispensing power over their rules and long established
practice, and the party to whose prejudice an innovation upon the rule of
Court is made, has a right to seek redress in the Appellate Court.
This rule has reference to the case of a healthy person, and where the cestui
gue vie is of infirm health, an abatement of the allowance must be made
therefor; this is as imperatively required by the rule, as the ratio of dis-
tribution prescribed by it.
The cestui que vie was fifty-three years of age at the time of sale, and it was
proved that her health was infirm, that her constitution never had been
robust, and that her lungs were diseased. HELD—that five years was a
sufficiently large addition to her age, on account of ill health.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 320   View pdf image (33K)
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