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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 529   View pdf image (33K)
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WHITE VS. DONNELL AND HOWARD. 529
such direction or appointment, for the use of the child or
children of the said Mary, equally, and of their heirs, execu-
tors, administrators, and assigns for ever. And in case of the
death of the said Mary in her mother's lifetime, without issue
then living, or of the death of all and every of the child and
children of the said Mary at any time under lawful age, and
without issue, then living, in trust for the same uses, intents,
and purposes for which the residue of the said trust property
is directed hereby to be held." And then, after authorizing
the said Mary to sell and dispose of the trust property, the
articles proceed. " And in trust as to the residue of said pro-
perty and effects not directed to be set apart as aforesaid,
for the use of the said John S. Donnell, from and after the
said Ann's death, for and during his natural life, and from and
after his death, for the use of such persons and in such propor-
tions as the said Ann shall direct, her coverture notwithstand-
ing. And it is hereby declared to be the meaning of the
expression, ' child's share,' as used in this indenture, with refe-
rence to setting the same apart as aforesaid, that it is such
share as each child would be entitled to out of the trust pro-
perty aforesaid, upon an equal distribution thereof among
them." "And the said John S. Donnell doth, for himself,
his heirs, executors, or administrators, covenant, promise, and
agree to and with the said Ann Williams, that he will, well
and truly, leave to the said Ann, all his estate, property, and
effects which he may leave after the payment of his just debts,
for and during the term other natural life, if she should sur-
vive him, by his last will and testament."
It further appears from the proceedings, that Edward G.
Williams, the father of the complainant Mary, and the first
husband of Mrs. Ann Donnell, being seised and possessed of a
large estate, real and personal, made his will, by which, with
some inconsiderable exceptions, he devised and bequeathed the
whole thereof to be equally divided between his said wife and
daughter, whenever the latter should reach the age of eighteen
years, or marry, with the consent of her mother, and until either
of such events should happen, he directed that his said wife

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 529   View pdf image (33K)
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