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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 3, Page 202   View pdf image (33K)
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202 WILLIAMS' CASE,
upon it was enacted, that the land in Charles county, containing
two hundred and fourteen acres, should be sold, and the proceeds
applied towards the payment of the debts due from Richard Par-
ran, deceased; but that no part thereof should be paid to Sarah
Parran, nor should she be entitled to any more of the personalty
than if this act had not been passed, (h)
Since the alteration of the common law by the act to direct
descents, on its being represented to the General Assembly, by
the petition of William Wirt, a minor, that he was entitled to the
moiety of a house and lot in Bladensburg, that he had received a
classical education, and was then engaged in the study of the law;
but, that his personal estate, with the annual value of his real
estate, were insufficient to enable him to prosecute his studies with
advantage; it was enacted, that his interest in the house and lot
should be sold, and the proceeds applied towards his education
and use. (i) At the next session of the General Assembly, by the
petition of Judith Wallace, on behalf of herself and her children,
it was represented, that her husband John Wallace died intestate
in the year 1789, leaving the said widow and five children, and
seised of a tract of land containing eighty or ninety acres which
was rich, but entirely destitute of timber and firewood; the ex-
pense of procuring which exhausted the annual profits of the land.
Whereupon it was enacted, that the land so descended should be
sold; and, with the proceeds, other land should be purchased in
which the widow should have her right of dower, and which should
be held, and pass as the land which had been sold, (j) In addi-
tion to these many other similar estate acts have been passed, in
almost every one of which it appears, that the General Assembly
were, in some way, satisfied of the truth of the facts as stated;
and that it would be exceedingly difficult, if not altogether imprac-
ticable, to provide for the maintenance and education of the infants
in any other manner than by the proposed sale of their real
estate, (k)
In all, or almost all of these cases, it is evident, that the Legis-
lature interposed merely for the purpose of removing a temporary
{k) 1784, ch. 51; 1801, ch. 82; 1802, ch. 67; 1803, ch. 91; 1810, ch. 58 and 71;
1811, ch. 88; Waring v. Waring 2 Bland, 673.—(i) 1791, ch. 48.—(j) 1792, ch.
28.—(k) 1805, ch. 28 and 33; 1809, ch. 21 and 72; 1810, ch. 57,74 and 158; 1811,
ch. 95 149 and 209; 1812, ch. 83, 91,175 and 186; 1813, ch. 19, 29, 54, 80, 03, 151
and 152; 1814, ch. 31,44,74 and 90; 1815, ch. 31,117,124,110,134 and 136; 1825,
ch. 88; Campbell's case, 2 Bland, 209.


 
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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 3, Page 202   View pdf image (33K)
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