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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 36   View pdf image (33K)
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36 HIGH COURT OF CHANCERY.
the said Eliza Ramsay after his death, disencumbered of the
interest of the complainant therein, as the widow of said
Jacob, and for the further fraudulent purpose of rendering the
same free from the claims of his creditors, and of the com-
plainant for a support." Wherefore (the bill charges) that the
said contrivance was fraudulent, and that in equity, she (the
complainant) as the permanent trustee of the said Jacob, is en-
titled to have said property brought into the assets of the estate
of the said Jacob, to be distributed according to law." The
bills, however, are filed by the complainant in her character of
permanent trustee of Jacob Faringer, and not as his widow
claiming her share of his personal estate, and the question,
therefore, is, whether in the former capacity she is entitled
to have the conveyances avoided and the property turned over
to her to be administered in insolvency ?
These cases, then, in this view of the claim made by the bills,
which upon the argument I understood to be the view taken by
the plaintiff's solicitor, renders inapplicable to the questions
now to be decided, the principles settled by this court in Hays
vs. Hays, decided in February, 1849, because in that case the
deed was impeached by the complainant, as widow, and it was
set aside, and the property ordered to be sold for the purpose
of paying her one-third of the proceeds, as widow. Every other
question affecting the residue of the proceeds of the sale being
expressly reserved.
The deeds in these cases were all made to the defendant,
Eliza Ramsay, and vest in her the absolute and unqualified
title to the property embraced in them. There is not upon
their face the slightest reservation or indication of an interest,
legal or equitable, in Jacob Faringer, and consequently his per-
manent trustee cannot question their validity or effect, unless
she can show either that they are fraudulent under our insolv-
ent system, or under the statute of Elizabeth, or that from the
nature and justice of the case there is a resulting trust for the
benefit of Jacob Faringer to be implied by law, from the fact
that the consideration money was paid by him, and as trusts of
this description are expressly excepted from the operation of

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 36   View pdf image (33K)
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