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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 358   View pdf image (33K)
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358 HIGH COURT OF CHANCERY.
this as the data, and making an allowance to her, according to
the chancery rule, in lieu of the charge, and she would receive
the sum of five hundred dollars, and this the Auditor has al-
lowed her in account B, making a similar allowance to her
sister Susan, though, as to the latter, there is no proof either
touching her age or the condition of her health.
The counsel, I think, stated that nothing was claimed for
Susan, though I am not positive as to this, nor do I remember
why it was that the claim was not made.
The defendant, Mary O. Hutchins, for herself and her chil-
dren, excepts to this account, first, that the said parties were
only entitled to board and clothing out of the profits of the
estate in common with the devisee, Jarrett, and his family,
and, therefore, that they can only claim a reasonable propor-
tion of the income of said estate or interest on the proceeds of
gale; and, secondly, that the subsistence of said parties ought
to be charged on the other real estate devised to Jarrett by
his father, or, at any rate, that an allowance should be made
in gross out of the proceeds of sale, and that the allowance so
made by the Auditor in account B, is excessive, &c.
Upon examining the will, I am of opinion that the daughters
of the testator, Elizabeth and Susan, are entitled to board and
clothing, and that a reasonable annual sum must be allowed
them for this purpose, or a gross amount in commutation
thereof out of the proceeds of the sale. I do not think this
annual allowance is to be made out of the profits of the estate
in common with the devisee and his family, or that they (the
daughters) are to be limited to a proportion of the interest on
the proceeds of the sale. The direction in the will is that
they shall have " good and sufficient boarding and comfortable
clothing, so long as they may remain single."
It does not appear what family, if any, the devisee Jarrett
had at the date of the will, in 1816, or when the testator died,
on or about the same period. Nor does it appear what was
the value of the other property devised to him. Moreover,
this charge was only to continue so long as the daughters of
the testator should remain single, and perhaps this may have

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 358   View pdf image (33K)
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