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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 104   View pdf image (33K)
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104 HIGH COURT OF CHANCERY.
ing an instrument to be delivered up when upon the circum-
stances under which it was deposited, that would be too much,
and in equity, calling upon that person and others to make it
effectual." In the latter case, the court might very properly
say, it would not interfere actively in behalf of the party holding
the security and asking to have it made effectual, when the cir-
cumstances might not be strong enough to induce it to compel
him to surrender it.
The title of these parties, however, it is said, does not rest
upon the mere assignment of Charles A. Williamson as execu-
tor and devisee. It is also insisted, that he had at the time of
the assignment, become the absolute owner of the thing assigned
(the mortgage,) by settling a full and final account in the
Orphans Court, and making a complete, and final distribution of
the estate according to law, and according to the provisions of
the will of the testatrix. And a copy of the account so settled
by him, and the release of Mrs. Williamson is exhibited, and
relied upon in support of this view of the case.
It is manifest, however, upon an inspection of the account,
that the executor did not charge himself with the amount due
on this mortgage: because he is only charged with the princi-
pal thereof, when it is evident from the proceedings, and upon
the face of the mortgage itself, that there was then due, nearly,
or quite five years interest, which would have considerably
swelled the cash balance apparently in his hands, and which, by
the release of Mrs. Williamson, he appears to have paid over
to her as the residuary legatee for life, of the testatrix.
But although the account is in this respect clearly erroneous
and prejudicial to the legatees: still it is most plausibly urged,
that as Mrs. Williamson, by executing this release, had admitted
herself to be fully satisfied, it would not be just to permit her
to say the contrary, as against a party who had dealt with the
executor, in the confidence that she was so satisfied. And it
is likewise insisted, that there is no competent proof in the
cause to show, that she did not receive from the executor, the
money specified in the release.
The release is dated on the 7th, and was recorded in the

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 104   View pdf image (33K)
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