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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 70   View pdf image (33K)
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70 HIGH COURT OF CHANCERY.
and increase thereof, for and during the term of his natural
life, and from and after his death, in trust for such person or
persons, and for such uses and purposes as she, the aaid Antoi-
nette, shall by her last will and testament, or by any instru-
ment of writing in the nature of, or purporting to be, her last
will and testament direct, limit or appoint, and in case of no
such direction, limitation or appointment, then in trust for all
and every the children or child which the said Antoinette may
have by the said J. H. Williams, their heirs, executors, admin-
istrators and assigns for ever, to take per stripes, and not per
capita. But in the event of the death ,of the said Antoinette
without leaving a child or children, or a descendant or descend-
ants thereof, by the said J. H. Williams, living at the time of
her decease, then in trust for such person or persons aa would,
by the now existing laws of the State of Maryland, be the heirs
of the said Antoinette to take an estate in fee simple in lands
by descent from her, and to, for or upon no other use, trust, in-
tent or purpose whatsoever."
The other facts in the case are fully stated in the opinion of
the Chancellor, delivered on the 16th of February, 1854.]
THE CHANCELLOR :
The object of the bill in this case is to charge the separate
estate of Mrs. Williams, formerly Miss McFadon, with the pay-
ment of a bill for household furniture, amounting to upwards of
five hundred and fifty dollars, for which, as the complainants
allege, the defendants, Williams and wife, gave orders, and
which was delivered to them, and is now in their use and pos-
session, promising to pay therefor out of the separate estate of
the wife. And it is further charged, that a portion of her real
estate being about to be sold, she and her said husband, on the
26th of May, 1845, gave an order to the attorney, who had
been employed by her to effect the sale, to pay said bill.
The order is in the following terms: "Walter Farnandis,
Esq., will please pay to Messrs. Tarr & Blass, the amount of
their claim out of the first proceeds of the sale of the real estate
belonging to us, to be made under the proceedings now in pro-

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 70   View pdf image (33K)
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