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284 HIGH COURT OF CHANCERY. possessed of any real estate, and but a small portion of personal property, of small value, and that the wife's interest in her late father's real estate is applied for their benefit and support, and that of their children. The real estate sold under the decree in this case, amounted to $21,255, of which the wife of Turner was entitled to one- eighth, after deducting the widow's dower interest. It was ad- mitted, that the whole real estate of which said Benedict W. Hall died seized, was worth about $65,000 or $70,000, of which the wife of Turner was entitled to one undivided eighth, subject to the widow's dower. That his personal estate was not more than sufficient to pay his debts. That in 1842, said Turner purchased a tract of land in Harford county, containing about 300 acres, and worth about $11,000, of which he paid $8000. the balance, $3000, still remaining unpaid and a lien on the land, and on the same day conveyed it to said Benedict W. Hall, in trust, for the separate use of Jane S. Turner, his wife. who still holds the same. That the purchase money for this land was given to said Turner by his mother, with the express understanding, that the property to be purchased by him should be conveyed, in trust, for the separate use of his wife and children. That said land is claimed by the creditors of Turner as being chargeable with his debts, and proceedings are pend- ing against the same. That in 1851, a certain David C, Springer sold and conveyed to Jane S. Turner, for her separate use, a farm situate in Harford county, containing about 154 acres, and worth about $6,500; that of this purchase there has been paid about $3700, of which $2250 was the proceeds of certain stocks devised to said Jane S. Turner by her grand- mother, to her separate use, and proceeds of a distributive share in a legacy devised to her by her great grandfather, and the re- maining $1500, proceeds of the sale of her father's real estate, and that no portion of this purchase money has been paid by said William F. Turner, who is not possessed of any property, real, personal or mixed, of any but small value, and that the balance of this purchase money is a lien upon the land, and she expects to pay it out of her share of the proceeds of her father's real es- |
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
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