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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 229   View pdf image (33K)
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McKIM VS. HANDY. 229
lars, "if they live to attain lawful age." One of the female grandchildren
died after attaining eighteen years of age, hut before twenty-one. HELD—
That this legacy vested upon her attaining eighteen years of age, the intention
of the testator being that the legacy should be paid to her when she was of
lawful age to receive it, which, by the laws of this state, is eighteen years
in the case of a female infant.
In this state the legal minority of a female infant, so far as the capacity to re-
ceive from the guardian is concerned, ends at the age of eighteen, and she is
then entitled to receive her property, but for many purposes her legal minor-
ity does not cease until she is twenty-one years of age.
[The facts of this case are sufficiently stated in the following
opinion of the Chancellor.]
THE CHANCELLOR:
The late John McKim, Jr., by his will, executed in December,
18-tl, devised and bequeathed to his sons, David T. McKim and
John S. McKim, certain ground rents and stocks in the city of
Baltimore, upon certain trusts. The devise is to them and the
survivor of them, and the heirs, executors and administrator of
the survivor, in trust and special confidence for the purposes
mentioned in the will, and after directing the manner in which
the trust fund shall be disposed of, the will proceeds as follows:
"And in further trust that the said trustees or the survivor of
them, or the person or persons who may succeed them in the
trust, shall and may from time to time, as occasion shall require,
or their Judgment dictate, and the interest of the parties con-
cerned render necessary, change the present investment of
stocks or any of them and the proceeds thereof, with any accu-
mulation from the income or profits of the fund generally, to re-
invest in a safe and secure mariner, and such reinvestments again
to change, alter and renew, as often as occasion or circum-
stances in their judgment may render necessary or proper," &c.
John S. McKim, one of the sons, renounced the trust, and
David T. McKim, the other son, who accepted and discharged
the duties of trustee during his lifetime is now dead, having
died in the year 1847, and having by his will appointed his wife
executrix, and George H. Williams executor thereof.
The present bill was filed by some of the parties interested,
against others, for the purpose of procuring the decree of this
19*

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 229   View pdf image (33K)
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