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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 239   View pdf image (33K)
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HIGGINS VS. HIGGINS. 239
[The facts of this case are fully stated in the Chancellor's
opinion.]
THE CHANCELLOR :
The merits of this controversy, as I understand them, are
decidedly with the plaintiffs, and, therefore, unless some insuper-
able difficulty shall be found in the legal and technical objec-
tions urged by the solicitor for the defendants, an order or
decree must be passed in accordance with the prayer of the
bill.
It appears by the proceedings, that a Mrs. Ann Maccauley,
in November, 1812, executed her last will and testament, by
which she gave and bequeathed all her property, of every de-
scription, to her friend Gideon White, in trust, for the use of
her granddaughter, Ann Higgins, the wife of George W. Hig-
gins, during her natural life, and after her death, all the said
property, and its increase, to be equally divided among the
children her said granddaughter should leave at the time of her
death, share and share alike. And the testatrix further de-
clared it to be her will, that in case her said granddaughter
should survive her husband, that then the trust created by the
will should cease and determine, and the whole of the property
of which the testatrix died possessed, and the increase thereof,
should be vested in, and be the sole right, property and estate
of her said granddaughter, her executors, administrators and
assigns.
The testatrix died in the following year, when the will was
duly admitted to probate, and the trustee, White, having re-
fused to assume the trust, and having also renounced the execu-
torship of the will, the Chancellor, on the 16th of May, 1815,
upon tho petition of Higgins and his wife, passed an order di-
recting that White should assign the trust to Thomas H. Dor-
soy and Thomas W. Hall, and vesting in them authority to act
as trustees under the will, in the same manner as if they had
been appointed by the testatrix.
After some further proceedings upon this petition, which it
does not appear to me to be necessary to notice particularly,

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 239   View pdf image (33K)
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