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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 219   View pdf image (33K)
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CRABB VS. MOALE. 219
RICHARD J. CRABB, ADM'R D. B. N.
OF FRANCES H. HARRIS AND OTHERS
vs.
SAMUEL MOALE AND OTHERS.
DECEMBER TERM, 1846.
[PRIORITY OF PAYMENT OF LEGACY AND ANNUITY.]
A TESTATOR, by his will executed in 1786, gave to his wife a lepacy of £2250,
and an annuity of "£L500 during her natural life, to be secured to her out of
the rents of his estate," and devised to his brother the residue of Ilia estate,
"after the above will is complied with." The legacy being unpaid and the
annuity in arrear, a decree was passed in 1790, charging the rents of all the
lands of the testator, with the payment of the annuity due and to become
due, in the first place, and after said payment, declaring the reversion charge-
able with the payment of the legacy. The property was subsequently sold,
and the proceeds proved insufficient to pay the arrears of the annuity.
HELD—
That both the legacy and annuity are by the decree of 1790, treated as a charge
upon the real estate of the testator in the bands of his residuary devisee,
and the same decree settles the question of priority of payment between the
annuity and legacy by declaring that the former must be first paid.
[The facts of this case are stated in the Chancellor's opinion.]
THE CHANCELLOR:
This case comes before the court upon exceptions to the re-
port and accounts of the Auditor filed on the -30th of October
last, and having been argued by the counsel of the parties, it
becomes the duty of the court to decide upon the questions pre-
sented for its consideration.
In the will of the late Richard Moale, of Baltimore county,
executed and proved in February, 1786, are the following pro-
visions: "I will and direct, give and bequeath, unto my dear
wife, Frances Halton Moalc, £2250 specie, to he paid in English
gunieas, at 35 shillings each." "I give and bequeath unto my
dear wife, Frances Hilton Moale, .£500 in English guineas, at
35 shillings each, yearly, during. her natural life, to be secured
to her, my dear wife, Frances H. Moale, out of, and from the
rents arising from my estate, but with this reserve, in tender
care and affectionate regard to my dear wife, I will and direct

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 219   View pdf image (33K)
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