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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 67   View pdf image (33K)
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TRUST ESTATE OF JANE BLAKE. 67
THE CHANCELLOR:
The exceptions to the report of the Auditor, of the 20th of
December, 1853, and the accounts, 0. and D., therewith sub-
mitted, standing ready for hearing, and having been argued on
the part of some of the legatees of Jane Blake, the same, to-
gether with the proceedings in the cause, have been read and
considered.
The only question of importance is whether the annuities be-
queathed by the testatrix to her sister and niece, and the
children of her niece, are to be paid out of the principal of the
trust estate, or its income, which it is apparent is inadequate
for that purpose.
With every proper disposition to give to these annuitants,
who are represented to be very needy, all the relief to which,
upon a fair construction of the will they are entitled, I have
come to the conclusion, that by directing the annuities to be
paid out of the capital of the estate, I should break up the en-
tire scheme of the will, and defeat the leading object of the tes-
tatrix. It is clear, beyond question, that the income of the es-
tate is totally inadequate to pay the annuities now due, and to
become due, and that if the sums now payable to the four an-
nuitants are paid out of the principal, and the latter is subjected
in like manner, from year to year to the discharge of the same
annuities as they fall due, the capital of the trust estate will, in
a very short time, be entirely absorbed, and nothing will be left
for the children of Mary Jane Hickey who have not yet at-
tained the age of five years, the period specified in the will when
the annuities begin to run.
There is nothing upon the face of the will, or any circum-
stances out of it, if any thing out of the will could be resorted
to, to warrant a construction productive of such consequences,
and, I therefore, conclude, that the annuities are to be paid out
of the income of the estate, as far as it will go, and not from
the principal.
The clauses of the will which give certain pecuniary legacies
to the children of the testatrix's nieces at future periods, would
also be defeated by the construction contended for on the part

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 67   View pdf image (33K)
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