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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 227   View pdf image (33K)
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CRABB VS. MOALE. 227
executors, and Frances H. Harris, his widow, entered into the
agreement of the 23d of April, 1811, the stipulations of which
have been already adverted to. It is perfectly obvious, that this
agreement did not propose to change the order in which the
annuity and legacy were to be paid, or to disturb the priority
of the former over the latter, as established by the decree of
1796. Its whole object, upon this subject, was to fix and ad-
just the proportions of these claims which, the representatives
of the husband, and the wife, should receive, which proportions
were, that; the wife should receive one-third of whatever might
be recovered of the legacy, and one-third of whatever might be
recovered of the arrears of the annuity which were due at the
period of the death of David Harris, the residue of the legacy
and of such arrears of the annuity being released to the execu-
tors of the said David Harris. This agreement then, though it
fixes the proportions in which these claims shall be divided be-
tween the husband and wife, does not profess, in any way, to
alter the order of payment, or to take from the annuity the
preference and priority over the legacy which was given it by
the decree of 1796. But the annuity of £500, did not stop
with the death of David Harris, it was to continue until the
death of Frances H. Harris, which took place in November,
1817, and the agreement of April, 1811, provides that she
should have for her life the ground rents on certain lots and
parcels of land leased by Richard and John Moale, amounting
to a certain annual sum, the difference between which, and the
annuity of ,£500, was to be paid to her by the executors of her
husband David Harris.
The arrangement, then, between Mrs. Harris and the execu-
tors of her husband was this: That she was to receive one-third
of the legacy of .£22.50, one-third of the annuity which accrued
during the lifetime of her husband, and the whole of the annuity
which might accrue after his death, the said executors being
entitled to receive the remaining two-thirds of the legacy, and
of the annuity which accrued during the life of the husband, but
no part of the annuity which accrued subsequently to his death.
But the proceeds of the property now to be distributed, are

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 227   View pdf image (33K)
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