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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 481   View pdf image (33K)
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BRINTON VS. HOOK. 481
Upon examining the deed in this case, it may be very fairly
inferred that it comprehended all or nearly all the grantor's
estate, real, personal, and mixed, and it appears to have been
carefully drawn to retain to him the actual use and enjoyment
of the property, without subjecting it to the payment of his
debts. Certainly it is quite impossible to say that this deed
was intended chiefly for the benefit of the wife, whose power
and control over, and interest-in the property, is so subordi-
nate to that of the husband.
If a man may, after marriage, make provision for his wife
and children, provided he does not impair the right of existing
creditors, and a provision so made will be considered as founded
upon a good consideration, and bona fide and impregnable against
subsequent creditors, it by no means follows that he will be
permitted, under cloak of providing for his wife and children,
to place his property in a condition in which he shall have the
substantial use and enjoyment of it during his life, with power
to dispose of it by will or to direct its course after his death,
that it shall descend to his heirs-at-law, and at the same time
have it protected from the claims of those who may deal with,
and trust him during his life.
The trusts of this deed, are 1st, for the use of the grantor
and his wife during their joint lives, and the life of the sur-
vivor, with power to them jointly to dispose absolutely of the
property during their joint lives; 2dly, in case the grantor
should survive his wife in trust, to permit him to-dispose of the
property at his pleasure; and, 3dly, whether he survives her
or not, in trust for such person or persons as he may appoint by
his will, and in case of his failure, to make such testamentary
appointment, then in trust for his heirs-at-law.
The whole interest, therefore, of the wife, is an interest in
common with her husband during their joint lives, or for her
own life, in case she should survive him. But no power of
disposition is reserved to her independently of her husband,
whilst to him after her death, such power in the fullest terms
is given, either by deed or will, and in case he fails thus to
dispose of the property, it descends to his heirs-at-law.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 481   View pdf image (33K)
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