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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 283   View pdf image (33K)
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HALL VS. HALL. 283
this case, and exhibited by the proceedings in the cause, cov-
ered by the authorities referred to, it must be dismissed.
STOCKETT, for the Petitioner.
McLEAN, for the Purchaser.
ANN HALL ET AL
vs. MARCH TERM, 1852.
WILLIAM C. HALL ET AL.
[WIFE'S EQUITY——ACT OF 1841, CH. 161.]
THE wife is entitled to a provision out of her estate, when the aid of a court
of equity is necessary to enable the husband or his assignees to get possession
of it, as a matter of right, but the amount is a subject of discretion depending
upon the special circumstances of each case.
The act of 1841, ch. 161, protects the interest of the husband in real estate of
the wife from liability for his debts during the life of the wife, and this pro-
tection extends to the proceeds of such estate when sold for the purposes of
partition.
[The real estate of Benedict W. Hall, who died in 1843, was
sold under the decree in this case, for the purpose of partition
amongst his heirs at law. One of those heirs, Jane S. Hall,
previous to the death of her father, had intermarried with one
William F. Turner, by whom she had issue, and who subse-
quently. on the "24th of March, 1843, applied for the benefit of
the insolvent laws. His trustee in insolvency filed his petition
in this case, claiming the value of said Turner's curtesy in-
terest in his wife's share of said real estate, for the benefit of
creditors. This application was resisted by Turner and wife,
and they pray that, if any relief as sought for by the petitioner
be granted, the court will protect the equity of the wife by al-
lowing her, out of the proceeds of sale, such provision for the
support of herself and children as justice and equity may re-
quire. They further allege in their answer, that they are the
parents of nine children, all minors, that the husband is not

 
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 283   View pdf image (33K)
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