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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 66   View pdf image (33K)
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66 HIGH COURT OF CHANCERY.
pectively, to assist in setting them up in their several trades.
If any of the said children die before arriving at the age of
twenty-one years, the legacy by this clause given to the said
child or children, so dying, to go and be distributed equally
among the rest of said children."
"Item. To each of my said niece's children now living, or
hereafter to be born, I bequeath the further sum of five hundred
dollars, to be paid to them severally, upon their arriving at the
age of twenty-one years, or upon their marriage, if that shall
be before their arrival at age, provided they marry with the
approbation of their father and my executor, and not otherwise,
and if any of the said children die before arriving at the age of
twenty-one years, as aforesaid, or before marriage, then the
legacy or legacies in this clause of my will, given to such child
or children, so dying, to be distributed upon their arrival at age
or marrying, with the approbation aforesaid, among the survi-
vors of my said niece's children. And if my estate, after paying
my debts and the other legacies given in this will, shall not
be sufficient for the payment of the legacies given in this clause
of my will, then the said legacies of five hundred dollars to be
abated ratably, according to the deficiency of my estate."
The executor named in the will declining to act, T. P. Scott,
Esq., was, by a decree of this court, appointed trustee in his
stead, and directed to sell the real estate of the testatrix, and
to bring the proceeds into court, to be invested under the direc-
tion of the Chancellor, for the uses and trusts mentioned in said
will. The property was accordingly sold, and the proceeds prov-
ing insufficient to pay them, by the interest thereon, the annuitants
mentioned in the will, Catharine Kelly, Mary Jane Hickey and
her four infant children, filed their petition in the cause, asking
that the annuities payable to them, and the arrearages thereon
now due, might be paid to them out of the whole estate. Upon
exceptions to the Auditor's accounts, the following opinion of
the Chancellor construing the will, was delivered.]

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 66   View pdf image (33K)
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