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530 HIGH COURT OF CHANCERY. should occupy and enjoy the whole of his estate, to be applied to the proper maintenance of his family, and the liberal educa- tion of his said daughter. And it has been admitted by the parties to this suit, that from the death of Mrs. Donnell (formerly Mrs. Williams), on the 25th of April, 1889, to the 17th of March, 1840, when the complainant Mary attained the age of eighteen, the defendant Donnell received the income of the entire pro- perty left by said Edward G. Williams to his wife Ann, and his said daughter, and also of the property which the said Ann had acquired otherwise, said income amounting annually to about $4,500; and that said Donnell applied the same to his own use, except that therefrom during said period, he supported and educated the said Mary at an expense of about $1,500 per annum. It was also admitted that from the said 17th of March, 1840, until the 9th of June, 1842, when the sum of $20,000 was set apart for the said Mary, said Donnell received and* applied to his own use, the income arising on the moiety, or those which the said Ann acquired under the will of her first husband, Williams, and on the other property of said Ann, amounting annually to about $2,000. That the moiety or share which said Ann acquired under the will of her first husband, was of the value of about $55,000, of which about $22,500 was un- productive, and that the residue of the property of said Ann was of the value of about $18,000.; The complainant Mary, having attained the age of eighteen on the 17th of March, 1840, intermarried with the other complainant, John Campbell White, in July following; and it appears by various Exhibits filed in the cause, that the trust originally conferred upon the defendant Howard, has been transferred to said John Campbell White, by deed dated the 23d of August, 1848. It further appears, that on the 5th of July, 1841, the original trustee, Howard, Mary S. White, John Campbell White, and the defendant Donnell, in pursuance of the before-mentioned marriage articles, selected three persons, to set apart, from and out of the trust estate of the said Ann Donnell, deceased, |
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
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