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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 140   View pdf image (33K)
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140 HIGH COURT OF CHANCERY.
[The facts of this case are sufficiently stated in the Chan-
cellor's opinion, which was delivered on the 26th of January,
1854.]
THE CHANCELLOR:
The proceedings in this case, which are voluminous, need
not be recited, the questions in controversy depending upon the
proper construction of the will of Cumberland Dugan, deceased,
who died on the 1st of November, 1836, and upon the legal
effect of certain facts admitted by the parties, as appears by their
written agreement.
The testator was twice married, and by his second marriage had
four children, to wit, Hammond Dugan, Frederick James Dugan,
Rebecca Hollins and Cordelia Margaret Holling, and with refer-
ence to these in the 14th clause of his will, he says: "And where-
as, it is my wish and desire, that my four children (naming
the above four) shall be placed by me as nearly as possible on
an equality in the division of my estate under this present will,
and under such conveyances, gifts, &c., as I may have made to
them respectively, and also having regard to their respective
situations; and whereas, the Washington Cotton Factory, here-
inbefore devised, to the use of my two daughters, Rebecca and
Cordelia Margaret, was purchased by me for the sum of
$27,500, I, therefore, order and direct, that as early after my
decease as may be practicable, my executrix and executors shall
sell such portions of my bank and other stocks as shall produce
the sum of $27,500, and pay therefrom, to my son, Hammond
Dugan, the sum of $13,750, and to my son, Frederick James
Dugan, the sum of $13,750."
The will was executed on the 5th of October, 1832, and let-
ters testamentary were granted to Margaret Dugan, the widow
of the testator, in December, 1836, soon after his death.
These sums not having been paid, the plaintiff in the present
bill, among other things, seeks to recover from the daughters
of the testator by a sale of the real estate devised to them and
their children, first the legacy so bequeathed to him, and second-
ly, his one-third of the sum bequeathed to his brother Ham-
mond, now deceased.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 140   View pdf image (33K)
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