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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 53   View pdf image (33K)
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BOWIC VS. BOWIC. 53
his cruel and violent conduct, to require surety of him to keep
the peace towards her, and, by his recent misconduct and ill-
treatment of the same nature, she has been obliged to separate
from him. The bill then charges that John L. Trundle, com-
plainant's father, being anxious to provide for her support and
that of her children, executed his will in 1836, in which he
devised as follows; "I give and devise unto three of my
sons, namely, Horatio, Hezekiah W., and David H. Trundle,
the farm now in the occupancy of Peter A. Bowic, together
with all the personal property belonging to me now in the
possession of the said Peter A. Bowic, to them and their
heirs in trust, for the use and benefit of my daughter, Sarah
H. Bowic, wife of the said Peter A. Bowic, her heirs and
assigns for ever; and the aforesaid trustees are hereby autho-
rized to suffer the aforesaid property to remain in the hands of
the said Peter A. Bowic as heretofore, for the benefit of him-
self and family, but in no case to be allowed the privilege to
dispose of any part thereof without their consent or approba-
tion; and if my daughter, Sarah H. Bowic, be left a widow,
then and in that case she is to have the entire control of all
the aforesaid property, without the let or hindrance of any
person, whatsoever." The prayer of the bill is for a divorce
a mensa et thoro, and for a decree directing the said trustees
to hold said property for the use of complainant and her chil-
dren, and prohibiting the said Peter from interfering therewith,
or claiming or demanding any part of the proceeds or profits
thereof, and that the trustees be enjoined from paying over
any part of the same to him. The husband, and Horatio and
Hezekiah W. Trundle, the surviving trustees, were made de-
fendants.
The answer of the defendant, Bowic, denies the charges of
cruelty of treatment preferred against him by his wife, and
recriminates by charging intemperance and vicious conduct to
the complainant. He then proceeds to set up in himself an
equitable title io the property devised by the will of John L.
Trundle, and denies the construction placed upon the will by
Vox.. III.—5

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 53   View pdf image (33K)
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