|
|
|
|
|
|
|
|
|
|
|
220 WILLIAMS* CASE.
On the 21st of December, 1830, the trustee further reported,
that he had, on the 17th day of December, 1830, sold the wood-
land at private sale, in two parcels, on the following terms, that is
to say, he had sold two lots of said land to Charles W, Johnson,
containing together one hundred and one acres and three-quarters,
more or less, for the sum of twelve hundred dollars; and two other
lots containing together one hundred and one half acres, more or
less, to John Derr, for the sum of one thousand dollars, all to be
paid in cash on the ratification of said sales. These sales were
finally ratified on the 26th day of February, 1831.
On the 18th of March, 1831, the auditor reported, that he had
examined the proceedings and stated an account, in which the
proceeds of the last sales, $2,200, and the rents, $15, received by
the trustee, were applied to the payment of the trustee's allow-
ance for commissions and expenses, county taxes, additional costs,
$126 82; and the widow's allowance in lieu of dower, $296 17,
and her share of the rent, $5, and had distributed the balance
amongst the deceased's children and heirs at law.
From the reports of the trustee, and of the auditor together, it
appears, that the whole amount of rent received for one year's rent
of the estate, was $1,530; from which there was a deduction for
repairs, presumed to be $130, leaving a net amount of $1,400 for
rent; and that the net amount of the proceeds of the sales was
$37,256 26; out of which there was awarded to the widow
$5,265 30, in lieu of her dower.
21st March, 1831.—BLAND, Chancellor.—This case is now sub-
|
|
|
|
|
|
|
should be accounted of full age to receive her estate at the age of sixteen years or
day of marriage, which should first happen.'—(1715, ch. 39, s. 15; Woodward v.
Chapman, 2 Bland, 72.)—And accordingly the Orphans Courts were only autho-
rized to appoint a guardian to a female until the age of sixteen.—(1798, ch. 101,
sub ch. 12, s. 1.)—But as the law now stands, she cannot be considered as of full
age for such purposes until she attains eighteen years of age or marries.—(1829, ch.
216, s. 5 and 6; 1831, ch. 305, s. 5.)—'Women,' says Gibbon, in treating of the
Roman law, * were condemned to the perpetual tutelage of parents, husbands, or
guardians; a sex created to please and obey, was never supposed to have attained
the age of reason and experience,'— (Decl and Fall Rom. Emp. ch. 44; 1 Blac.
Com. 468.)—But by this peculiar law of ours, founded upon what principles or po-
licy I do not understand, a female orphan is to have her property handed over to
her, and to be left in a condition of legal infancy, formerly from sixteen, now from
eighteen until twenty-one years of age, without a legal guardian or protector of any
sort, unless by recourse to the Court of Chancery.—(Davis v. Jacquin, 5 H. & J.
100; Bowers v. The State, 7 H. & J., 32; Fridge v. The State, 3 G. & J. 115;
Corrie's case, 2 Bland, 501; Waring P. Waring, 2 Bland, 673.)
|
|
|
|
|
|
|
|
|
|
|
|
|
|