HANNAH K, CHASE'S CASE. 207
turned our attention to the points in controversy involved in those
suits, and particularly to the property known and distinguished by
the name of the Fountain Inn, in which we are of opinion, you
have no title of dower during Bryden's lease, having relinquished
your dower therein during said lease, which will expire in 1821.
Whether, upon the termination of said lease, you will be entitled
to dower, is a question of some difficulty, and perhaps can only be
solved by some further proof in point of fact, relative to the nature
and effect of the contract between the late Judge Chase and Bryden.
If it depended entirely upon the title papers, we should be of
opinion, that dower in that property would be clearly deinandable.
But papers have been exhibited with the answer of Mr. T. Chase,
which create a difficulty in determining whether the original contract
with Bryden was in the nature of a mortgage, or an absolute
purchase. If the first, dower is not claimable; if the latter, you
are entitled to it as a matter of course. It was certainly not
designed to have the effect of a mortgage by the late Judge Chase.
We do not think, that the difficulty should prevent a settlement as
to the residue of the property, in which dower is asserted, in relation
to which, we have reason to believe, no opposition will be made to
your claims. If before the lapse of five years, the question as to
Bryden's property should not be settled, the question between you
will be narrowed down to a single point, in the adjustment of which,
we suppose, no great difficulty can take place. We are, &c. John
Stephens, A. C. Magruder."
The agreement, upon which the suits spoken of in the afore-
going letter, were brought to a close, was marked in this suit as
exhibit S. M., and is expressed in these words:
"Hannah K. Chase and John P. Paca v. Samuel Chase and
others; Hannah K. Chase v. Samuel Chase and others; and The
same v. The same:
"It is agreed, that a decree shall pass in the first of the above
cases, for the payment of the sums of money, with interest thereon,
secured to be paid to the complainant Hannah K. Chase, by the
two bonds in the proceedings mentioned and exhibited, executed
by the Honourable Samuel Chase, deceased; one to John P. Paca,
of Queen Ann's county, as trustee of the said Hannah K. Chase,
dated on the 14th day of February, A. D. 1809, for the payment
of two thousand five hundred dollars; the other to the said John
P. Paca, as trustee aforesaid, dated on the tenth day of July,
A. D. 1810, for the payment of one thousand four hundred and
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