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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 585   View pdf image (33K)
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INDEX. 585
LUNATIC, LUNACY.— Continued.
advance their welfare and comfort; and the interests of those who may
be entitled to the succession is wholly subordinate to this. Ib.
8. The law now presumes that the nearest of kin to the lunatic will treat him
with more affection than strangers to his blood, and hence consanguinity,
though it confers no positive title, is now considered a recommendation
in the selection of a committee, and a strong ground must be shown
before it will be disregarded. Ib.
9. If the person recommended is embarrassed by pecuniary difficulties, and
there is any reasonable ground for apprehending that be would be likely
to employ the money which may come to bis hands as committee, in his
own affairs, it would operate with powerful force against his appoint-
ment. Ib.
10. The death of the lunatic determines the office of the committee, and the
only power Chancery retains over the committee, as such, is to compel
him to account and deliver possession of the property as the Court shall
direct. Ib.
11. But the committee is to retain possession and preserve the property until
some person shall appear properly authorized to receive it from him;
and, in the mean time, if there is reason to apprehend delay in ascertain-
ing who are entitled to the possession, a receiver may be appointed upon
application of the parties in interest. Ib.
12. The jurisdiction of Chancery in lunacy remains, after the death of the
lunatic, only (o the extent and for the purpose of having the necessary
accounts taken, and directing the fund or estate to be paid over to the
party or parties entitled. Ib.
13. After the death of the lunatic, Chancery will not administer the fund even
for the benefit of creditors; they must pursue their remedies before the
ordinary jurisdictions; nor will the Court adjudicate questions of right
between opposing claimants. Ib.
MACHINERY.
See FIXTURES, 1-8.
MECHANICS' LIEN.
MARITAL RIGHTS OF HUSBAND.
See HUSBAND AND WIFE, 11-16.
MARRIAGE.
See PART PERFORMANCE, 1-4.
MARRIAGE SETTLEMENT.
See INFANCY. INFANTS, 1, 4, 6.
HUSBAND AND WIFE, 15.
LEGACY, &c., 6.
MARRIED WOMEN.
See HUSBAND AND WIFE.
SEPARATE PROPERTY OF.
MARSHALLING OF SECURITIES.
If one party has a lien on, or interest in, two funds for a debt, and another
party has a lien on or interest in only one of the funds for another debt,
the latter has a right in equity to compel the former to resort to the other
fund, in the first instance, for satisfaction, if that course is necessary for
the satisfaction of the claims of both parties. The U.S. Inf. Co vs.
Shriver et at., 381.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 585   View pdf image (33K)
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