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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 528   View pdf image (33K)
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528 HIGH COURT OF CHANCERY.
assigned and conveyed to the defendant Howard, her whole
estate, then or thereafter to be acquired, in trust for her sepa-
rate use, during the term of her natural life, and upon the
further trust, in case the said Ann should die in the lifetime
of her then intended husband, Donnell: " Then, from, and
immediately after her death, the said trustee, or trustees under
this deed for the time being, shall set apart from and out of
the said trust property, in the best and fairest mode for all
parties concerned therein, to be ascertained and decided in
writing, and upon oath, by three disinterested and discreet
persons, or a majority of them, to be appointed by the said
trustee, Mary S. Williams, daughter of the said Ann, or those
claiming, or who may claim under her and the said John S.
Donnell respectively, the sum or value of $20,000, if the said
Ann should leave no other issue living, at her death, than the
said Mary, and her descendant and descendants, or the sum
or value of one equal child's share of the said trust property,
if the said Ann should leave such other issue, unless such
share should exceed the said sum of $20,000, and if so, that
they shall set apart only that sum out of such share as afore-
said, and hold the excess, or residue thereof, in trust, from
and after the said John's death, for the use, intents, and pur-
poses for which the said sum or value is hereby declared to be
in trust; that is to say, that the said sum or value so set apart
as aforesaid, and the said excess, when it shall accrue, and all
other interests to be derived by the said Mary from the said
Ann, under this deed, whenever the same shall arise, shall be
held by such trustee or trustees in trust, from and after the
said Ann's death, for the use of such persons and in such pro-
portions as the said Ann shall, by will or like instrument,
direct or appoint, her coverture notwithstanding, or in default
of such direction or appointment, in trust for the sole and
separate use and benefit of the said Mary S. Williams, for and
during the term of her natural life, whether sole or covert, and
from and after her death, in trust for the use of such persons,
and in such proportions as she shall, by will or like instrument,
direct or appoint, whether covert or sole; and in default of

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 528   View pdf image (33K)
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