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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 356   View pdf image (33K)
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856 HIGH COURT OF CHANCERY.
aa may be required, and reserving all questions relating to
such accounts for further order.
WALLIS, for Complainant.
MAYER, for Defendants.
[The decree in this case was affirmed by the Court of
Appeals. The Appellate Court concurred with the Chancellor
in his views and conclusions respecting the second and third
deeds, and declared the first fraudulent, upon the ground that
the evidence showed that McNeal could not have paid the pur-
chase-money expressed in the deed, and the additional sum for
repairs, without deciding as to the competency of Mrs. Watson
as a witness, or whether McNeal had a right to offer proof in
support of the allegation in regard to his having paid for the
repairs by means of his account for services as clerk.]
JOSHUA HUTCHINS, ET AL.
vs. MARCH TERM, 1861
MABY W. HUTCHINS, ET AL.
[CHARGE UPON REAL ESTATE DEVISED.]
A TESTATOR devised two tracts of land to his son in fee, upon condition that
he shall keep and maintain his mother during life: " and it is moreover
my desire that my said son do and shall provide for my daughters, Eliza-
beth and Susan, good and sufficient boarding, and comfortable clothing,
BO long as they may remain single." HELD—that this was a charge
upon the whole real estate devised to the son, and that the daughters of
the testator are entitled to a reasonable annual allowance for their board
and clothing, or a gross amount in commutation thereof, out of the pro-
ceeds of the sale of the land.
This annual allowance is not to be made out of the profits of the estate, in
common with the devisee and his family, nor are the daughters to be
limited: to a proportion of the interest on the proceeds of the sale.
[The facts of this case are stated in the Chancellor's opinion.]

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 356   View pdf image (33K)
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