clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search		 search for:
clear space
white space
Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 69   View pdf image (33K)
 Jump to  
   << PREVIOUS  NEXT >>
clear space clear space clear space white space

ROBERTSON VS. PARKS. 69
hibited with the bill. " That Edward Parks died in the year
1845 intestate, &c., and that Sally Parks, the devisee for life,
is still living," and it appears by the evidence that she lived
until the year 1848, when she also died.
It ia, therefore, quite clear, upon the showing of the bill, that
not only Edward Parks did not die seized of the land devised
to him by his father, but that he was not actually and in deed
seized of it in his lifetime, the intervention of the life estate
in the mother preventing it. Bat, it does not on this account
follow, by any means, that it is not liable to be sold for the
satisfaction of the claims of his creditors. The Act of Assem-
bly, which authorizes proceedings in chancery to sell the real
estate of a deceased debtor, who dies without leaving personal
estate sufficient to discharge his or her debts, does not make it
necessary that such debtor should have died seized of the real
estate proposed to be sold. The language of the fifth section
of the Act of 1785, ch. 72, is, " that if any person hath died
or shall hereafter die without leaving personal estate sufficient
to discharge the debts by him or her due, and shall leave real
estate, which descends," &c.
Not that such debtor shall die seized of real estate, but that
he or she shall die leaving real estate, or having title to real
estate, which may be sold for the payment of the claims of
the creditors, if the personalty be insufficient.
Now the bill in this case, after making the averment before
recited, and after averring that the deceased, Edward Parks,
left no personal estate from which his debts could be paid,
alleges that the complainant ia entitled to have his claims paid
out of the real estate of the said Edward Parks in the hands
of his heirs, or to which he may be entitled in remainder as
aforesaid.
This allegation, I think, is quite sufficient to entitle the
complainant to a decree for the sale of such real estate. It
amounts substantially to an allegation that at the time of the
death of Edward Parks, he was the owner of the remainder
devised him by his father, after the determination of the
life estate of the mother. Not that he was seized of such
VOL. III.—6

  		clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 69   View pdf image (33K)
 Jump to  
   << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.

Tell Us What You Think About the Maryland State Archives Website!

An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 06, 2023
Maryland State Archives