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2.36 HIGH COURT OF CHANCERY. McKim, Jr., and having died after attaining the age of eighteen years, but before twenty-one, and unmarried, the question pre- sented is, whether she is entitled to the benefit of a provision in the will of her grandfather, who died in the year 1842. The will places certain property in the hands of trustees, in trust, that the same be held by them, "and the income and profits to receive and take as a fund out of which they shall, as soon as practicable, pay to each one of his grandchildren living and of age at his decease, and to those who are minors, and to those who may hereafter be born, and live to attain lawful age, the aum of one thousand dollars each." It is insisted by certain of the parties having an interest in the question, that the terms "lawful age," as used in this will, mean the full age of twenty-one years, and as the bequest was contingent upon the legatee attaining that age, it never vested, but sunk in the residuum for the benefit of those entitled thereto. That the minority of females, as well as males, continued, until twenty-one at common law, is too clear for dispute, and I do not understand that there is any thing in our legislation which abridges the period to every intent and purpose, though we have several acts of Assembly which confer capacities upon females under twenty-one, which they would otherwise be incompetent to exert. Thus, the act of 1798, ch. 101, sub. ch. 12, sections 1 and 15, limits the period to which guardians may be appointed by the Orphans Court to a female infant, to the ape of sixteen years or marriage, when the guardianship ceases, and the ward or husband, as the case may be, is entitled to receive from the guardian her property. The act of 1829, ch. 216, sec. 5, declares that the guardian- ship of females shall continue to the age of eighteen or mar- riage, and the 6th and 7th sections of the same act, require the guardian upon her attaining.; that age to deliver her property to her, and gives to her receipt or release, executed before the Orphans Court, the same effect precisely as if she were of the full age of twenty-one years. |
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
| Volume 200, Volume 4, Page 236 View pdf image (33K) |
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