370 COLEGATE D. OWINGS' CASE.

COLEGATE D. OWINGS1 CASE.

A suit, which had been instituted in the name of a person in her dotage, having been
dismissed by her under the influence of the defendant, it was reinstated, and directed
to be thenceforward prosecuted by her solicitor for her benefit.

It was ordered that she should be permitted freely to go and to reside where she
pleased; and that if necessary a receiver might be put upon the estate to have
its rents and profits applied to her maintenance pending the litigation.

The maxim of the English law, that no man of full age shall be, in any plea to be
pleaded by him, received to stultify himself and disable his own person, examined,
considered and rejected, as being inconsistent with the principles of the law of
Maryland.

The indications and characteristic differences between the four kinds of dementia,
called idiocy, delirium, lunacy, and dotage, as regarded by the medical profession
and as recognised by the law, examined and considered.

Weakness of mind is a sort of mental imbecility approaching to the condition of non
compos mentis, and analogous to childishness and dotage.

Imposition practised upon weakness by him who is confided in and trusted is, in law,
the most odious species of fraud.

Where a person communicates his intention to make or alter his will, so as to give a
legacy, or a portion of his property to an individual, and his heir, or any one else,
interposes and prevents it by a promise to pay the legacy, to transfer the property,
or to give an equivalent, such promise is binding, and may be enforced after the
death of the testator or intestate, by the party in whose favour the promise was made*

There are various kinds of decrees other than those which operate directly in favour
of the plaintiff and against the defendant; and when the whole of a complicated
case has been brought before the court, such a decree may be passed as is best
suited to its peculiar nature.

If the conveyance of an estate be necessary, and the party required to make it be
incompetent to contract, a trustee may be appointed to execute the conveyance in
his name.

Where a decree has been passed affecting both real and personal estate, and the case
abates by the death of either party, for the purpose of having the decree entirely
executed, it must be revived by or against the heir, as well as the personal represent-
ative of the deceased; but it may be partially revived by or against either of them.

This case was brought before the court by a bill filed by Colegate
D. Owings against Charlotte C. D. Owings, on the 21st May,
1825, in which the plaintiff alleged, that she was then more than
eighty-four years of age, and at a time when she was in a condi-
tion of extreme ill health, and altogether deprived of the proper
use of her mental faculties, the defendant had fraudulently caused
her to execute and deliver a deed dated on the 15th of June 1824,
which purports to be a conveyance from the plaintiff of all her
real and personal estate to the defendant; that the deed was made
without any valuable consideration whatever, upon the false and
fraudulent pretext that the plaintiff had promised to give by her
last will and testament all her estate to the defendant. Upon which