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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 110   View pdf image (33K)
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HO HIGH COURT OF CHANCERY.
charged with the principal only of this mortgage debt, the cash
balance in his hands (treating this principal as cash,) was only
(5761 90, and that is the amount for which she receipted to
him as cash. There was, however, at that time a large sum
due for interest, sufficient, perhaps, to cover the difference be-
tween the cash balance with which the executor stood charged,
and the principal of the debt; and if so, he should have paid
to her the entire principal; because in that event, such pay-
ment would not have made him a creditor of the estate, as for
an over payment. If when the proper accounts are stated, it
shall appear, that throwing this mortgage out of view altogether,
Mr. Williamson has over-paid the estate: that is, if the assets
which came to his hands, independent of the mortgage, are
insufficient to cover his disbursements and allowances, exclud-
ing the sum of $5761 90, appearing by the account to have
been paid to his wife, but which in fact was not paid, he must
be regarded as a creditor for such excess, and Messrs. Miller
and Mayhew, as his assignees, will, in respect thereof, be en-
titled to be paid out of the proceeds of the sales in this case.
The residue of said proceeds, must, according to the decision
of the Court of Appeals, in Evans et al. vs. Igkhart et al., 6 Gill
& Johns., 162, be invested in some safe and productive fund, so
as to secure the interest to Mrs. Williamson during her life, and
the principal after her death to the legatees in remainder. And
the case will be referred to the Auditor, with directions to state
an account or accounts in conformity with this opinion, pre-
paratory to a final decree.
S. T. WALLIS and F. K. HOWARD for Petitioners.
WM. F. FRICK for Miller and Mayhew, Respondents.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 110   View pdf image (33K)
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