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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 82   View pdf image (33K)
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HIGH COURT OF CHANCERY.
the parties, on the 15th of November, 1839, upon grounds suffi-
ciently appearing from the Chancellor's opinion, Which also
contains a statement of the facts.]
THE CHANCELLOR:
This case, which has been argued upon exceptions to the
report of the Auditor, presents a very interesting question, and
one Which it is believed is entirely new in our courts.
The question is, whether a settlement of her real estate, made
fey a female infant, in contemplation of and upon the eve of her
marriage, is so far valid, that in the event of her dying during
her minority, the estate thereby conveyed shall descend in a
manner different from the direction which the law of descents
would give it in case of intestacy ?
The facts are as follows: Augusta Virginia Levering, being
about to intermarry with George B. Stephenson, and being at
that time a minor about sixteen years of age, with the consent
of her intended husband, who was a party to the deed, on the
lllh of February, 1835, conveyed her entire estate, real and
personal, to a trustee, to hold the same, and the profits thereof,
te trHrt for her own separate use during the coverture, free from
the control or claim of her husband or his creditors, and with
power to sell and dispose thereof without his concurrence, either
ty deed or will; and in case of her failure to made such dispo-
sition, then, in trust for any child or children she might there-
after have, their heirs, executors, administrators or assigns:
but in case she should die without leaving a child or children,
of descendants of the same, living at the time of her death, then
one-half estate so conveyed, for the use of her said hus-
band and his heirs, and the other half for the use and benefit of
her own right heirs.
The marriage took place, and Mrs. Stephenson, the grantor
in the deed, died two years thereafter, under the age of nineteen,
leaving an infant born of the marriage, who survived her mother
only a few days.
The real estate has been sold under a decree of Baltimore
County Court, and the question is, whether tile surviving hos-

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 82   View pdf image (33K)
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