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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 117   View pdf image (33K)
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MAYO VS. MAYO. 117
I cannot, looking to the entire frame and texture of this will,
bring myself to think that the testator intended during the life
of his wife, to give to his son a mere indefinite claim upon her
for care and maintenance. Certain it is, that after the death
of his wife, he did not design to confine his son to this indefinite
kind of provision, for the will expressly directs, that upon her
death, the annuity of six hundred dollars shall commence to be
paid to him, half yearly, from the day of her death. And it
may well be remarked, if the testator thought his son capable
of receiving and properly applying this annuity, there can be no
good reason for supposing that he considered him incapable of
making a proper use of the income of the trust estate. The
will, it may be observed, does not say one word about accumu-
lations of the trust estate. The language is, that "his son,
should he feel himself competent and so disposed, may, by his last
will, made according to law, give all or any portion of the
property which he may so as aforesaid take under this my last
will unto my daughter, his sister," &c. If he had intended that
the property so given his son with its accumulations should be
so disposed of by the latter, is it not presumable he would have
said so in terms ?
My opinion is, that the testator intended to trust his son
with the receipt and use of the income of his estate, and that
he was not to be dependent entirely on his mother for the
means of gratifying his wants and his wishes. His father says,
"he intends to assure his son an ample and independent sup-
port as effectually as the law will allow," and I am at a loss to
see how this intention, so emphatically expressed, can be grat-
ified, if for every dollar he may require for any purpose he
must apply to others.
The answer of William G. Bland, to the petition of the trustee,
denies that he is incapable of taking care of his income, and I
can find no evidence in these proceedings to outweigh this
denial. There is nothing certainly to show that the mental
condition of the son has become worse since his father's death,
and as has been already remarked, his father unquestionably
thought him capable of taking care of his annuity, for he ex-
VOL. IV—10

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 117   View pdf image (33K)
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