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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 105   View pdf image (33K)
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MAYO VS. MAYO. 105
from my uncle, Thomas Fitzhugh, deceased, and the other per-
sonal property thereon, not slaves, and used with the same at
the time of my death, and except the bequests hereinafter men-
tioned, unto my wife, daring her natural life, confiding to her
the care and maintenance of our son, should he so long live."
He then devises the property excepted in the previous clause
to his daughter for life, "and after her death, as hereinafter
provided, she, and those taking after or under her, paying
therefor to her mother, during her natural life, annually to be
computed from the day of my death, the sum of $300 by way
of a rent charge." The will then proceeds thus:
"As it is my belief that my son will never be in a situation
to maintain a wife and family as he himself would wish, so I
do moat earnestly hope and trust he may never marry, and,
therefore, intending that he shall and will, for his own security,
elect to take that which I do hereby give him, together with
land, stocks, and all other property which he now holds, all of
which I have, in one way or other, heretofore given him, under
this my last will, and which I do hereby give and devise to
him, and in addition thereto, an annuity of $600 per annum,
to be paid to him half yearly from the day of his mother's
death, when his claim to a maintenance out of the devise to
her, as before mentioned, will cease, or in case my wife should
die before me, then the said annuity to my son to commence
and be paid half yearly from the day of my death. The said
annuity, together with all other claims and property, so as
aforesaid, heretofore or hereby given to my son, to be held in
trust by my executor, Captain Isaac Mayo, for the use and
benefit of my son during his natural life, and no longer, and
to secure the regular and punctual payment of the said annuity
unto my son during his natural life, by my daughter, or the
person or persons claiming after or under her in respect of the
property which she or such person or persons may take under
this my will, I do hereby charge and bind all my estate, real
and personal, including the before mentioned Blandair estate
and property, without exception, whoever may be the holder of
the same, or any part thereof, with and for the payment of the
said annuity to my son."
VOL.iv—9

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 105   View pdf image (33K)
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