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412 HIGH COURT OF CHANCERY. that he had received of the latter " a full consideration for his entire inte- rest in his late father's estate." HELD— That, in view of its terms, and the fact that B. S. retained in his possession the single bill referred to, this receipt cannot have the effect to defeat the claim of B. S. for this debt, and he is, to the extent of his share of the realty, an unpaid vendor thereof, and has a right in equity to pursue the estate or its proceeds, as against the vendee or volunteers claiming under him or his judgment and general creditors. Where parties stand to each other in the relation of guardian and ward, or quasi guardian and ward, every reasonable intendment should be made for the benefit of the ward, in the construction of transactions or contracts between them, occurring soon after the termination of that relation. [The real and personal estate of George R. Spalding, de- ceased, was sold under the proceedings in this case, for the purpose of paying his debts; and the claim against it of Basil D. Spalding, is considered and decided upon by the Chancel- lor, in the following opinion, in which all the facts relating to the claim, are fully stated.] THE CHANCELLOR: This case has been'argued upon the exceptions of John Spalding and others, complainants in the second of the above causes, and of Basil D. Spalding, the complainant in the first cause, to the reports and accounts of the Auditor; and the only question which I now purpose to consider, has reference to the claim of Basil D. Spalding, and relates to the extent and character of that particular claim, which is designated as claim No. 5, by the Auditor. It appears, by the proceedings, that certain persons se- lected as arbitrators by the children and heirs-at-law of George H. Spalding (of whom George R. Spalding and Basil D. Spald- ing were two, the former, in the submission, acting as the next friend of the latter), for the purpose of ascertaining the re- spective proportions of said children, of the real and personal estate of their said father, then in the hands and possession of the said George K. Spalding, made their award on the 18th of March, 1835, by which they determined, that the value of the entire real and personal estate was $9,737 75, and that |
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
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