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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 443   View pdf image (33K)
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CONNBR VS. OGLE. 448
In 1844, after the death of Mrs. Bevans, a petition was filed
in the name of the Conners, her children by a second marriage,
claiming to be equally entitled with the Bevans to the estate of
H. M. Ogle, upon which the Chancellor passed an order, No-
vember 20th, 1844, deciding that, "according to the terms of
the bequest of the testatrix, H. M. Ogle, deceased, her daugh-
ter Mary and her children, as well those of her second as of her
first marriage, are entitled to participate in nothing more than the
rents, profits, interest and dividends arising from the property
bequeathed during the lifetime of Mary, giving to each of her
children a due proportion thereof, for the purposes of mainte-
nance and education only during its minority, from the time of
its birth or death of the testatrix, until its death or the marriage
of a female, or the death of its mother, and for this purpose all
payments of such profits to the mother, or by the said trustee
for such maintenance and education, are to be regarded as
proper applications thereof. But as it appears to have been
the intention of the testatrix that no part of the capital or prin-
cipal of the property bequeathed should be so applied to the
use of the said Mary or her children, the Auditor will charge
each of the children with so much of said principal as he or she
may have received, and award to him or her nothing until the
other children may have awarded to them an equal amount
from the estate now to be distributed. So much of the rents,
profits, interest or dividends of the estate, as accrued and became
demandable and payable to the said Mary, for the use of her-
self and her infant children, during their lifetime, and which
were not paid to her, must be awarded to her husband, the said
James Conner. Subject, to these directions, a distribution of
the whole estate is now to be made among the children of the
said Mary, who were alive at the time of her death, and of such
of them, if any, who may have died before that time leaving
issue."
The first question to be considered in this case is, in what
relation did Benjamin Ogle stand to the children of Mrs. Bevans
in the receipt and distribution of the real and personal estate of
H. M. Ogle ? He was, by her will, appointed one of four trus-

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 443   View pdf image (33K)
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