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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 97   View pdf image (33K)
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McVEY VS. BOGGS. 97
it ie necessary to give her the whole, the Court will give her the
whole, regarding that object as paramount to the claims of her
husband, or the assignees of her husband, whether voluntary or
for value. The case of Pinny vs. Udall was carried to the Court
of Errors of New York, and will be found reported in 3 Cowen,
590. It underwent a most elaborate discussion at the bar and
from the bench, and after an examination of all the authorities,
Chief Justice Savage, who delivered the opinion of a large
majority of the Court, said, " That as to the amount of a wife's
estate which shall be secured to her, that is a fit subject of
reference to the master, and must necessarily be determined
by the circumstances of each particular case;"—"the rule
is, that an adequate provision be made for the wife and the
children, if there be any."—"What shall be considered ade-
quate must depend entirely on circumstances."—"In some
cases, the whole has been allowed the wife."—" In one case
an annuity of ,£40 per annum;"—"in another, the interest of
,£800."—" In other cases, the half has been assigned," &c*
And it will be found, upon looking at many of the cases, in
which the whole of the property of the wife has been assigned
her, for the support of herself and children, it has not been
because she has been abandoned by her husband, and left en-
tirely to her own unaided labor for her support. Several of
them were cases like that now under consideration, in which
the husband, though he had become bankrupt, was living with
his wife, and yet the whole of her property was allowed her, in
opposition to the claim of the assignees of the husband. In
the very last case which I have seen reported in the English
Chancery, In re Cutler's Trust, 6 Eng. Law and Equity Rep.
97, the whole fund was given to the wife, in opposition to the
claim of the assignee of the insolvent husband, though there
was no statement that the husband had deserted his wife or
did not, by his labor, contribute to her support.
Assuming, then, that the Court in cases of this description,
may exercise a discretion, and, according to the circumstances,
give the whole or a part to the wife, it would not be very easy
to imagine circumstances in which the claim of the wife to have

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 97   View pdf image (33K)
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