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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 415   View pdf image (33K)
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WILLIAMS VS. DONALDSON. 415
been so sold. Thirdly, if the said Jane shall survive her said
husband, then, on his decease, to reconvey to her all the prop-
erty, which shall, at his death, be held by the said trustees, or
the survivor of them by virtue of these presents. Fourthly,
if the said Jane shall die before her said husband, then, on her
decease, to convey all the trust property held by them "to such
person or persons, and in such proportions, and for such es-
tates as the said Jane, by any last will and testament, or by
any instrument in the nature of a last will, shall direct and ap-
point, and the said Jane is hereby expressly authorized and
empowered to make such last will and testament or instrument
in the nature of a last will, notwithstanding her coverture as
aforesaid." Fifthly, if the said Jane shall die before her said
husband, leaving no last will, or instrument in the nature of a
last will, then, on her decease, to convey all said trust property
then held by them, "to such child or children or the lineal de-
scendants of any child or children of the said Jane as shall be
living at her decease, in fee simple and absolute property, in
the same proportions as are observed in the descent and distri-
bution of intestate estates in Maryland." Sixthly, if the said
Jane shall die before her said husband, leaving no last will or
instrument in the nature of a last will, and leaving no lineal
descendants living at the time of her death, then, on her de-
cease, to convey all the said trust property then held by them
"to the right heirs at law and personal representatives of the
said Jane, in fee simple and absolute property, and in such
proportions as are observed in the descent and distribution of
intestate estates in Maryland, and as if she had died sole and
unmarried."
The settlement then contains a covenant on the part of the
intended husband, that he will permit the said Jane to receive
the income of said trust property "to her own sole and sepa-
rate use, without any hindrance on his part; that her own
separate receipts or orders in writing shall be good and valid
discharges therefor; that any last will, or instrument in the
nature of a last will, executed by the said Jane, shall be held
valid in the same manner as if she had continued sole and un-

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 415   View pdf image (33K)
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