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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 285   View pdf image (33K)
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HALL VS. HALL. 285
tate. That said Turner is now 42 years of age, and they have
been married about 20 years, the wife being 38 years of age.
That they have eight children now living, all under the age of
twenty-one, the eldest being seventeen and the youngest about
one year old. That said Turner has always been affectionate
and attentive to his wife and children; is industrious and at-
tentive in business, and until recently, he resided on the farm
which was conveyed in trust for the use of his wife, but now re-
sides on that bought from Springer; that he manages and cul-
tivates the same, and with the proceeds has, in part, supported
his family. That the above is all the property belonging to
Mr. and Mrs. Turner. That the education of her children and
other charges, suitable to the condition in life of her and her
family and the style of living to which they have been accus-
tomed, require a strict economy to enable them to live upon the
means which they now enjoy, with the aid of said Turner, who
is engaged in agricultural pursuits. That the debts which com-
pelled said Turner to apply for the benefit of the insolvent laws,
were contracted by him whilst engaged in the fishing business,
which proved unprofitable, and that at the time of his application,
he gave up all and every description of property possessed by him
in his own right, for the benefit of his creditors.
The Chancellor delivered the following opinion upon this
petition, answer and above statement of facts.]
THE CHANCELLOR :
The court does not deem it necessary in this case to institute
a comparison for the purpose of ascertaining whether the circum-
stances existing here bring it within the principle settled by the
case of McVey and wife vs. Taylor and others, recently de-
cided and reported in 3 Md. Ch. Decisions, 94.
The principle there decided, being that, when the aid of a
court of equity is invoked to enable the husband or the assignee
of the husband for value, or by operation of law, to get posses-
sion of the wife's property, the court will take care that a suita-
ble provision is made out of the fund for the maintenance of
the wife and her children, and that according to circumstances
VOL. IV.—24

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 285   View pdf image (33K)
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