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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 65   View pdf image (33K)
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PEYTON VS. AYRES ET AL. 65
rity for the other instalments as they become due; and if the property cannot
be sold in parcels it may be sold entire, and the whole debt paid with rebate
of interest for aums not due.
The method in this state of ascertaining the present value of an annuity for life,
as adopted by the Court of Appeals, is to apply by analogy the Chancery rule
for fixing the allowance to a woman in lieu of dower in lands sold under a
decree.
Though the report of the Auditor may be in exact conformity with a preceding
order, it ia competent for the court to reject the report, and order another to
be made upon different principles, or adopt any other mode of disposing of the
case which justice may require.
[The bill alleges that the complainant, having a common
interest with the defendants, Robert H. Ayres, and Alethea, his
wife, in certain lands; subject to dower of Mrs. Mary Ayres
therein, at the request of Said Robert and wife, assumed the
payment to said Mary of $240 annually, as a consideration
for the relinquishment of her said dower interest; and that
said Robert, in consideration thereof, bound himself to pay to
complainant, annually, during the life of said Mary, the sum of
$120, being the share of said annuity which corresponded to
the interest of said Robert and wife in the lands so disencum-
bered; and to secure the payment thereof, said Robert and wife
executed a mortgage to complainant of that portion of said
land allotted them in the division of the estate, dated 29th
March, 1843, conditioned for the payment of said sum of $120
during the natural life of said Mary; and prays for a sale of so
much of the mortgaged property as may be necessary to pay
said debt.
On the 30th April, 1849, a decree was passed for the sale
of the land; and on the 23d of October the Auditor stated two
accounts, to which defendants excepted, on the grounds :
1st. That only a life estate was conveyed in the mortgage to
complainant.
2d. That the bill makes complaint only as to unpaid arrears,
and not for the future dues of the annuity.
3d. That in estimating the present value of the annuity, the
Chancery rule for commutation applies, and not the Northamp-
ton tables.
7*

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 65   View pdf image (33K)
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