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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 152   View pdf image (33K)
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152 HIGH COURT OF CHANCERY.
from the death of the intestate, as provided by the act of 1849,
ch. 224. Therefore, the period of eighteen months from the
15th of March, 1850, when, according to the testimony of Dr.
Worthington, Mr. Dorsey died, is not to be computed, so far as
the real assets are concerned. The item for cash paid Peter
German is barred, and must be rejected, so far as relates to the
creditors who have relied on limitations.
The claim of Margaret G. War-field appears to me to be
proved, and the depositions of John Warfield and Seth W. War-
field remove the bar of the act of limitations. Rinaldo W. Dor-
sey acknowledged his indebtedness to Margaret G. Warfield in
1849, and the petition was filed in February, 1853, four yeara
subsequently, but as with reference to the proceeds of real es-
tate the operation of the statute must be suspended for the pe-
riod of eighteen months from the death of the intestate the
claim is saved.
The claims of Ann Pierse are proved. That founded on the
single bill, it ia admitted, is not barred. But in stating the
claim of Ann Pierse, the Auditor will only charge the estate
of the deceased, Rinaldo W. Dorsey, with the amount of the
single bill, and the sums which appear by his own receipts to
have been received by him of Mr. Mayer. Margaret G. War-
field was present when the single bill was executed on the 1st
of October, 1849, when Dorsey admitted he owed Mrs. Pierse
other moneys. This protects the claim from the plea of limi-
tations as to the real estate, in view of the operation of the act
of 1849, before referred to.
There is nothing in the proofs showing error in the adminis-
tration accounts, or requiring the administratrix to be debited
with any further sum except the amount received on the note
of Slothower, which, according to the answer of the adminis-
tratrix was delivered by the deceased to George L. Stockett.
The circumstances stated in the answer do not amount to a gift
inter vivos or causa mortis, and consequently the money collected
on that note and now remaining in bank, must be accounted for.
J. T. B. DOKSEY, for Petitioners.
STOCKETT, for Respondents.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 152   View pdf image (33K)
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