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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 329   View pdf image (33K)
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ABERCROMBIE VS. RIDDLE. 329
as applying to the dividends, and to mean that the party en-
titled to them shall, out of the proceeds of the sale of the
stock, receive that portion of the dividends which had then
accrued. I am persuaded, however, that this view of the sub-
ject was not within the contemplation of the complainants
when the bill was filed. When they spoke of an equitable
partition of the proceeds of the sale, they meant that the In-
surance Company should receive a fair equivalent for the life
estate or Mrs. Abercrombie, but I am very confident they had
no reference whatever to dividends of the stock then or there-
after to accrue. They could not have anticipated when the
sale would be made, and as the Company had the power to
control that event, their rights should not be prejudiced by
the fact that it actually took place within a short period of the
dividend.
No case has been cited which, in its material features, is
analogous to this. In the case of Wiegal vs. Brome, 9 Eng.
Cond. Oh. Rep., 188, the fund out of which the annuities were
payable was actually received by the trustee, and it was de-
cided, that as the period fixed by the testator for the termina-
tion of the annuities occurred after the last half-yearly day of
payment, that the annuitant was entitled to a proportional part,
from such day to the time when the annuity was to cease alto-
gether. But here, no time was definitely fixed when the divi-
dends which might be declared upon these stocks should cease
to be payable to the Insurance Company. And in the very
nature of things, the amount of the dividends was always more
or less conjectural, until actually declared. In Wiegal vs.
Brome, the time for which the annuity was to be paid was
fixed, and the rents upon which it was charged, were received
by the trustee. But in this case, the title of the Company
to receive the dividends was liable to be defeated at any time,
by the demise of Mrs. Abercrombie, the amount uncertain, and,
by the act of the Company itself, the right to this contingent
profit upon the stock was transferred to third persons. The
Company does not, and can not claim the dividends, or a pro-
portion of them, upon the ground that they have been, eo no-

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 329   View pdf image (33K)
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