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572 INDEX LUNATIC LUNACY—Continued. the petition, cannot be allowed out of the estate, they must be paid by the parties who carried it on. Ib. 5. Counsel fees paid for services rendered in litigating the question who should be appointed committee, will not be allowed out of the estate; if the parties interested differ, and choose to litigate this point, they must do so at their own expense. Ib. 6. Fees paid for legal services rendered, the committee, in the discharge of his duty as such, in defending and protecting the estate of the luna- tic, are proper and fair allowances. Id. 7. Coats and counsel fees paid by the committee and receiver, in carrying on a controversy in the Orphans Court after the death of the lunatic in regard to the appointment of an administrator, cannot be allowed out of the estate. Ib. 8. The estate cannot be charged with the cost of a litigation about the ap- pointment of a receiver, the parties carrying on such a controversy must do so at their own expense. Ib. 9. The committee and receiver holds his office at the discretion of the court, and if a dispute arise in regard to the propriety of continuing him in it, or appointing some one in his stead, it must be conducted by the parties at their own expense. Ib. 10. If the official conduct of the committee be assailed, he may defend it, and if he does so successfully, the assailant will be made to pay costs, but fees to counsel, even in that case, should not be thrown upon the estate. Ib. 11. The committee will be allowed all proper and reasonable fees paid to counsel for advice and assistance in the discharge of hig duty, and in aiding him to preserve and defend the estate, but beyond this he can- not go; if he chooses to carry on a litigation for his office, he must pay the costs himself. Ib. MANUMISSION. See WILL AND TESTAMENT, 13. NEGROES AND SLAVES. MARRIED WOMEN. 1. A married woman has no power over her separate estate but what is specially given, and to be exercised only in the mode prescribed, if the mode be prescribed. Tarr & Blass vs. Williams and wife, 68. 2. A married woman baa no power over her separate estate but such as has been specially given to her, and in exercising the power of dispo- sition she is restricted to the particular mode specified in the instru- ment under which she takes when it undertakes to make such specifi- cation. Williams and wife vs. Donaldson, 414. MASTER OF VESSEL. See SALE or VESSEL IN FOREIGN PORT, I, 2. PRIMAGE. SEAMEN. MISTAKE. 1. Equity has jurisdiction to grant relief in cases where parties have done |
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
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