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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 226   View pdf image (33K)
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226 HIGH COURT OF CHANCERY.
which the property has been sold, unless such examination
would reflect some light upon the only question now to be de-
cided, which relates to the distribution of the proceeds of the
sales, and he does not think that any such light can be bor-
rowed from that decree, or that the late Chancellor, in passing
it, meant in any way to contrast, or express an opinion upon the
relative claims of the parties. He meant to decide, and he did
decide, that the property was liable to be sold for the payment
of these claims, but in what order they were to be paid, does
not appear to have been considered by him.
Looking to the will of Richard Moale, there can be no doubt
that lie intended that his wife should, in any event, enjoy both the
legacy and the annuity, the former within the usual period after
his death, and the latter from year to year during her life, and
that he supposed he had provided beyond contingency for the
regular and punctual payment of both. There is nothing,
therefore, in the will which very clearly indicates the order in
which these claims should be paid, or rather which shall he pre-
ferred in case there should not be enough to pay both, and per-
haps if confined to the will, the case would not, by any means,
be free from difficulty.
The first proceeding in the ease which relates to the order in
which these claims are to be paid, or a preference given to one
over the other, is the decree of the 17th of May, 1796, which
declares in terms that the annual rents of all the property shall,
in the first place, bo charged with the payment of the annual
sum of £500, and, in the next place, with the arrearages of said
annuity, with the interest thereon, and afterwards, that the re-
version shall be chargeable with the payment of the legacy of
,£2250, with the interest thereon.
This decree, therefore, having settled the question of priority
between the annuity and the legacy, and having declared that the
former must he FIRST paid, in must decide the present controversy,
unless there is something in the subsequent proceeding's, or in
the acts or agreements of the parties which can have the effect
of modifying or controlling that decree.
David Harris having died on the 16th of November, 1809, his

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 226   View pdf image (33K)
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