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478 HIGH COURT OF CHANCERY. such persons as he by will may appoint, and in case of failure of such ap- pointment, then to his heirs-at-law. HELD— That this deed is fraudulent and void against the creditors of the grantor, both existing and subsequent, because of the trusts in it in his favor. [The deed attacked by the proceedings in this case, was executed by the defendant, Henry Hook, on the 2d of June, 1842, and conveys to the grantee, James H. Miller, a certain lot of ground in the city of Baltimore, and certain leasehold interests in other lots particularly described, with the buildings and improvements thereon, " and also all and singular the plate, household and kitchen furniture" of the grantor, "in trust, for the use of the said Henry Hook, and Sarah Hook, his wife, for and during the term of their joint natural lives, and for the use of the survivor during his or her life, with power of absolute disposal by them jointly, or by the said Henry Hook solely, if he shall survive the said Sarah, as is hereinafter expressed. And from and after the decease of the longest liver" of them, as to so much " as may remain undis- posed of by deed or contract, as hereinafter provided for in trust for such person or persons, or for such uses and purposes aa the said Henry Hook by his last will and testament, 'duly executed, shall have named, limited and appointed in relation thereto. But in default of such nomination, limitation, and appointment, then in trust for such person or persons, as would, by the now existing laws of the State of Maryland, be the heirs of the said Henry Hook, to take an estate in fee simple in lands by descent from him. But upon this further trust, nevertheless, to suffer and permit the said Henry Hook and Sarah his wife, jointly during their joint lives, and the said Henry Hook solely, if he shall survive the said Sarah, to sell, convey, and dispose of absolutely for ever, for such price or consideration as to them or him may seem fit, the whole, or any part, or parts, of the trust estate aforesaid, and the con- sideration or proceeds thereof to receive, and the same to ap- propriate, apply, and dispose of, in such manner as they or he, |
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
| Volume 200, Volume 3, Page 478 View pdf image (33K) |
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