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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 94   View pdf image (33K)
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94 HIGH COURT OF CHANCERY.
make such amendments as may be necessary to bring their
case within the provisions of the Act to direct descents, and
such ofrher amendments as they may be advised.]
WM. M. ADDISON, for Complainants.
Z. COLLINS LEE, for Defendants.
JONATHAN McVEY AND WIFE,
vs. MARCH TERM, 1852.
WILLIAM BOGGS AND OTHERS.
[WIFE'S EQUITY TO HER PERSONA! ESTATE.]
WHERE the aid of a Court of Equity is necessary to enable the husband to
obtain possession of the wife's personal estate, he must do what ia equi-
table, by making a suitable provision out of it for her maintenance and
that of her children.
This principle applies- to the assignee, for value, of the husband, to the case
of transfers by operation of law, or by the act of the husband, to general
assignees for the benefit of creditors.
The amount of the provision to be made to the wife in every case must be
governed by its peculiar circumstances, and, according to those circum-
stances, the Court may give to her the whole or only a part of the pro-
perty.
In this case, the husband, though living with the wife, was bankrupt; they
were destitute, having no property, except the wife's share of the proceeds
in this cause, amounting to $919 06, and had a large number of children,
most of them very young and helpless, to support. The Chancellor
decreed the whole sum to be settled upon the wife.
[The real estate of Thomas Taylor, deceased, was sold, under
the decree in this case, for the purpose of distribution among
his children, his heirs at law, one of whom was Frances McVey,
the wife of Jonathan McVey. After the statement of the ac-
count by the Auditor, awarding the sum of $919 09, of the
proceeds of the sale, to the said Jonathan, in right of his wife;
the latter, by a next friend, filed her petition, alleging that
she waa poor, and has six children, the most of whom are very

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 94   View pdf image (33K)
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