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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 98   View pdf image (33K)
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98 HIGH COURT OF CHANCERY.
all settled upon her could be stronger than those which exist
here. Jonathan McVey took the benefit of the insolvent laws
in May, 1849, and it is admitted that he and his wife are
destitute, having no property, except their share of the pro-
ceeds in this case, and have a large number of children to sup-
port, being dependent chiefly upon the personal exertion of
herself and husband. The children, most of them, are very
young and helpless, incapable of aiding, to any extent, the
exertions of their parents to support them. The proportion of
the proceeds of the property, sold under the decree in this case,
assigned, by the report of the auditor, to McVey and wife,
amounts to $919 06. The property was the real estate of the
wife, and all that devolved upon the trustee of the insolvent
husband was his initiate curtesy interest as it stood when he
petitioned for the benefit of the insolvent laws, which was
before the date of the decree for the sale.
Seeing, then, that the principle now so firmly fixed in our
"equitable jurisprudence, and which commends itself so strongly
to favor, is to provide out of the estate of the wife, when it is
under the control of this Court, or when its aid is necessary to
enable the husband or his assignees to obtain possession of it,
an adequate maintenance for the wife and children, and look-
ing to the circumstances of this case, the destitute condition of
the wife, and the number and helpless ages of the children, I
am of opinion that the whole amount of her interest in the
proceeds of sale in this case should be settled upon her, and
shall so decree. I am not, however, disposed to subject the
petitioners, the Messrs. Boggs, to the costs.
The counsel for Frances McVey may prepare a decree,
directing the fund in question to be invested by a trustee in
some safe and productive stock for the maintenance of herself
and her children, and subject to such further disposition for
that purpose as may hereafter seem necessary and proper.
OTHO SCOTT, for the Wife.
JOHN 0. GROOME, and A. RANDALL, for the Husband's
Assignees.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 98   View pdf image (33K)
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