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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 103   View pdf image (33K)
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MAYO VS. MAYO. 103
gations in that respect are denied by the answer, and there is
no attempt to support them by proof, except with regard to the
portion of the land, which, as already decided, was not included
in the purchase.
As the case is brought before me, I must assume, and do as-
sume, that the note upon which the judgment at law was re-
covered, was assigned, bona fide, and for a valuable considera-
tion, to Eleanor B. Hatton. It has not been alleged in the
pleadings, or shown by the proof, that upon the payment of the
judgment the plaintiff will be entitled to call for a conveyance.
He does not place his case upon any such ground, and ask that
the court will protect him against execution on the judgment
until he is secure in his title to the land. The ground on which
he applies for relief, is of a totally different character, and as
has already been shown, he has failed in establishing it. The
injunction will, therefore, be dissolved, and the bill dismissed.
RANDALL, for Complainant.
STOOKETT, for Defendants.
SARAH E. MAYO AND OTHERS,
vs. JULY TERM, 1847.
ISAAC MAYO AND OTHERS.
[CONSTRUCTION OF WILL—ELECTION.]
A party, by a declaration of trust, settled upon his son and daughter certain
bank stock, which he declared he would hold in trust for them, the dividends
to be paid to them equally, share and share alike, and on the death of the
daughter, one-half to be transferred to her children, and on the death of the
son, the whole to be transferred to his daughter and her children, and subse-
quently made his will, devising certain property, including this stock, in trust
for his son, and expressed a desire in the will that the son should elect to take
thereunder. He also gave to his wife certain property for life, confiding to her
the care and maintenance of his son, and after her death, he gave his son in
addition, a life annuity of $600. The son elected to take under the will.
HELD—

 
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 103   View pdf image (33K)
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