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McKIM VS. HANDY. 237 There can be no doubt, therefore, that a female, at the age of eighteen years, is entitled to receive her property of her guardian, and may release and acquit him in respect thereof. But, still, it is said, her legal minority does not cease until she is twenty-one years of age, and it is very clear, I think, that for many purposes, it does not. We are here, however, construing a will, and the question is, what did the testator intend by the term "lawful ago?" Did he not. mean that ago at which his female grandchildren would be entitled by law to receive their estates from their guardian ? My opinion is, he did so mean, and if he did, of course his in- tention. must prevail, although for many purposes the legal mi- nority of the legatee does not terminate until she attains the full age of twenty-one years. The language of the will is, that the trustees shall, out of the funds provided for the purpose, pay to each of the grandchil- dren, born and to be born, the sum of one thousand dollars, if they live "to attain lawful age." Lawful age for what? Why law- ful age to receive. That age at which, according to our legis- lative enactments, they are entitled to demand and receive from their guardians all their property and to give valid releases therefor. The testator must be presumed to have known the law, and that at the age of eighteen a female ward became en- titled to her property from her guardian, though she remained subject to all the disabilities incident to a condition of legal minority, but those which the acts of Assembly removed. It is to be presumed the testator intended the trustees should "pay" when the legatee became entitled by law to receive, and that by express legislation is in the case of a female when she at- tains the age of eighteen. The cases referred to, if any confirmation could be required, of language so explicit as the legislature has employed, conclu- sively show, that the legal minority of a female, so far as the capaicity to receive from her guardian is concerned, ends at the ago of eighteen, and that she is at that age entitled to receive her property. Davis vs. Jacquin & Pomerait, 5 H.& J., 100; Bower's adm'x vs. State, use of Dryden, 7 H.& J., 32; Fridge vs. State, use of Kirk, 3 G-. & J., 104. VOL. iv.—20 |
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
| Volume 200, Volume 4, Page 237 View pdf image (33K) |
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