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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 68   View pdf image (33K)
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68 HIGH COURT OF CHANCERY.
of the annuitants, but as these legacies are payable to the same
persons, and it is obvious the estate is totally inadequate to pay
the annuities and the legacies referred to likewise, this difficulty
might, perhaps, be overcome, particularly with regard to the
five hundred dollar legacies, which in case of deficiency are di-
rected to be abated ratably.
But the objection first stated, appears to me, to be insuper-
able. It certainly could not have been the intention of the tes-
tatrix that these annuities should be paid out of the principal of
her estate. The character of the bequest itself implies the con-
trary. It is of annuities to be paid for periods indefinite in their
duration, and to persons in esse, and hereafter to come into ex-
istence. They are all equally the objects of the bounty of the
testatrix, and to apply the principal of the estate to the pay-
ment of some of them whilst others would go unpaid altogether,
would, in my judgment, be unjust, and in opposition to her
plainly expressed intention.
The third exception of the trustee, T. Parkin Scott, Esq.,
which objects to this application, must be sustained.
T. P. SCOTT, for Exceptants.
G. L. DULANY, for Petitioners.
EDWIN S. TARR AND WM. H. BLASS
JOHN H. WILLIAMS DECEMBER TERM, 1853.
AND ANTOINETTE, HIS WIFE.
[CONTRACT OF FEME COVERT HAVING SEPARATE ESTATE.]
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 pre-
scribed.
[The marriage settlement referred to in the opinion of the
Chancellor in this case, after reciting the intended marriage

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 68   View pdf image (33K)
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