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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 367   View pdf image (33K)
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LEVERING VS. LEVERING. 367
defendants, answered, and assented to the sale. George B.
Stephenson, one of the said defendants, the surviving husband
of Augusta Virginia Levering, the youngest child of the said
Nathan Levering, filed the marriage settlement, executed sit
the time, and under the circumstances stated in the opinion
of the Chancellor. A decree was thereupon, on the 25th of
October, 1838, passed, for the sale of the property, and said
Heighe appointed trustee for that purpose. The sale was ac-
cordingly made, and the Auditor, by his account, filed on the
29th of October, 1889, assigned one-sixth of the net proceeds
of sale, to George B. Stephenson, as heir of his child by his
wife, Augusta Virginia, said child having survived its mother
and taken by purchase under said marriage settlement. To
this account, the surviving brothers and sisters, and the chil-
dren of the deceased brothers and sisters of the said Augusta,
on the 15th of November, 1839, filed their exceptions, upon the
ground that said settlement was wholly void as against them,
and that the said Stephenson is only entitled to his curtesy
interest in said property. Other accounts were then stated,
in accordance with the views of the exceptants, and were con-
firmed, so far as they assigned the curtesy interest to said
Stephenson; but the difference between this sum, and what he
claimed under the settlement, was expressly reserved for future
order. The other proceedings are sufficiently stated in the
Chancellor's opinion.]
THE CHANCELLOR :
This case, which has been argued upon exceptions to the re-
port of the Auditor, presents a very interesting question, and
one which, it is believed, is entirely new in our Courts.
The question is, whether a settlement of her real estate,
made by a female infant in contemplation of, and before the
eve of her marriage, is so far valid that in the event of her
dying during her minority, the estate thereby conveyed shall
descend in a manner different from the direction which the law
of descents would give it in case of intestacy ?
The facts are as follows. Augusta Virginia Levering, being

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 367   View pdf image (33K)
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