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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 225   View pdf image (33K)
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CRABB VS. MOALE. 225
passed a decree for a sale of the property, appointing a trustee
for that purpose, with directions to sell the same, and to bring
the proceeds into court for distribution under its direction.
This has been done, and the Auditor has reported two ac-
counts, apportioning the proceeds of the sales between the re-
presentatives of Frances H. Harris, the wife, and David Harris,
the husband.
In the account marked C., the proceeds of the sales are ap-
plied in proper proportions to the payment of the claims of
these parties, on account of the arrears of the annuity, exclud-
ing altogether any claim founded upon the legacy of £2250 for
the reason stated in the report.
In the other account marked D., the Auditor has included
the legacy and treated it and the arrears of the annuity as con-
stituting one claim, and standing on the same footing.
To both these accounts exceptions have been filed by the re-
presentatives of David Harris, and these exceptions and other
questions connected with the final disposition of the case, have
been argued by the counsel for the respective parties.
The Chancellor does not deem it at all proper or necessary
to express any opinion with regard to the question whether, by
the will of Richard Moalc, the legacy of £2250 was with the
annuity of £500 given to his wife; a charge upon the real estate
of the testator in the lauds of the residuary devisee, John
Moale, or those claiming under him.
That question he considers to have been settled in the affirm-
ative, by the decree of the 13th of May, 3790, by which the
rents of all the lands are charged with the payment of the an-
nuity due, and to become due, in the first place, and after the
said payment, the reversion is declared to be chargeable with
the payment of the legacy. The same view was taken by the
court in 1820, when the order of the 20th of September of that
year was passed, though for reasons, which are not very appa-
rent, the court, at that time, forbore passing a decree for the
sale of the property to pay the charges which it declared to ex-
ist. Neither docs the Chancellor think it incumbent upon him
to look into the grounds of the decree of January, 1845, under
VOL. IV—19

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 225   View pdf image (33K)
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