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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 69   View pdf image (33K)
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PEYTON VS. AYRES ET AL. 69
been about forty years of age; and I cannot understand why
the rule should not obtain in both cases, as in each, the deci-
sion of the question must be governed by the expectation of
human life, and the Court of Appeals says there is a better
chance of justice being effected, when that question is involved,
by applying, by analogy, our rule, than by consulting tables
framed upon observations made in other ages, and in other
countries.
My opinion, therefore, is that the Chancery rule is to be
adopted, and I shall refer the case again to the Auditor for that
purpose, when proof may be supplied of the state of the health
of Mrs. Mary Ayres, on the 16th day of January, 1850.
[The case was accordingly referred to the Auditor, for the pur-
pose of stating an account in conformity with these views.
On the 3d of April, the Auditor stated his account C, to which
the complainant excepted, on the ground that there had not
been a sufficient amount granted him to pay said annuity; and
on the 26th of September following, the Chancellor delivered
the following opinion:]
THE CHANCELLOR:
This case is brought before the court upon exceptions to
the report of the Auditor, made in pursuance of the order of this
court, of the 16th of January last; and before the exceptions
are considered, it becomes necessary to inquire, whether that
order is so far conclusive, as to be binding upon the court;
even though the views now presented, and the evidence sub-
sequently taken, should make it apparent, that the ratification
of the report would result in injustice.
Upon examination of the cases referred to in the argument,
and especially that of Clagett, Administrator vs. Crawford,
Trustee, 12 G. & J., 275, I am quite satisfied that although the
report of the Auditor, may be in exact conformity with the views
expressed, and the directions given in the former order; it is
entirely competent to the court to reject the report, and order

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 69   View pdf image (33K)
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