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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 365   View pdf image (33K)
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LEVERING VS. LEVERING. 365
Bowie did so pay out, of money not received from Berry, does
not appear; but, if there be deducted from the value of the
land, at the death of Bowie, the sum which he received from
Berry and applied in payment of the land, it is all that can,
in equity, be asked.
Proof has been taken of the age and health of Mrs. Bowie,
and of the value of the land at the period of the death of Mr.
Bowie, and of the value of certain improvements resulting
from the actual labor and money of the owner; and the wife,
according to the former opinion of this Court, is to be excluded
in the assignment of dower, as against the defendant, from this
improved value.
Accounts have been informally stated, and counsel have
agreed that these may be considered as if they had been re-
gularly reported by the Auditor. I cannot, however, pass a
decree upon them as they stand; and shall, therefore, send
the case to the Auditor, assuming, that an equivalent in money
will be taken for the dower-interest.
PRATT and ALEXANDER, for Complainant.
ROBT. J. BRENT, for Defendant.
MADISON LEVERING AND OTHERS,
vs.
B. M. HEIGHE, ADM'R OF NATHAN
LEVERING ET AL.
DECEMBER TERM, 1860.
[MARRIAGE SETTLEMENT OF HER REAL ESTATE, BY A FEMALE INFANT.]
A FEMALE infant, in contemplation of marriage, and with the consent of her
intended husband, executed a marriage settlement, conveying her entire
real estate to a trustee, in trust for her separate use during coverture,
with power to dispose of the same by deed or will, and in case of failure
to make such disposal, in trust for any child or children she might there-
after have, and their heirs, &c.; but in case she died without leaving a
child or children, or descendants of the same, living at the time of her

 
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 365   View pdf image (33K)
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