clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search		 search for:
clear space
white space
Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 95   View pdf image (33K)
 Jump to  
   << PREVIOUS  NEXT >>
clear space clear space clear space white space

WILLIAMSON VS. MORTON. 95
The parol declarations of the husband, that he had obtained a receipt from his
wife, who was one of the legatees in the will, as a matter of form, to enable
him to settle an account as executor in the Orphans Court, and not upon ac-
tual payment, made at the time of settling, were held to constitute a part of
the res gestaes, and, as such, admissible, to contradict and overthrow the re-
ceipt, though they might operate in favor of the wife.
THE CHANCELLOR.:
The proceedings in this case show, that on the 6th of March,
1849, Charles A. Williamson, as executor of Mary Ann Jones,
deceased, filed his bill in this court, for the foreclosure and sale
of certain mortgaged premises, which, on the 17th of Septem-
ber, 1838, had been mortgaged by Susan Ann Leduc, deceased,
to Levin Jones and Mary Ann his wife, (the latter being the
testatrix of the complainant,) to secure the sum of $7000, the
principal sum to be paid within ten years from the date of the
mortgage, and the interest annually from said date. It further
appears, that Levin Jones died in the year 1842, leaving his
wife surviving him; and that, by his will, duly executed, proved
and recorded, he devised and bequeathed his entire estate to
his said wife; and that the latter, by her will, also duly exe-
cuted, proved and recorded, devised and bequeathed her whole
estate, subject to the payment of some legacies and debts, to
her niece, Ann S. Williamson, (wife of the complainant, Charles
A. Williamson,) "for her sole and separate use, benefit and
behoof, for and during the term of her natural life, and from
and immediately after her death, to her said husband, for and
during the term of his natural life, in case he should survive
his said wife; and from and after the decease of the longest
liver of them, the said Ann S. and Charles A. Williamson,
then for the proper use, benefit and behoof of the children or
child of the said Ann S. Williamson, if any there be, equally,
if more than one, their heirs, &c., forever. But in case the
said Ann S. Williamson should die without leaving a child, or
the descendant of a child, that shall survive her, then, from and
after the death of both her and her aforesaid husband, to the
person or persons that might be named and appointed in
and by the last will of the said Ann S. Williamson, to re-

  		clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 95   View pdf image (33K)
 Jump to  
   << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.

Tell Us What You Think About the Maryland State Archives Website!

An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  Cannot perform flastmod(): Win32 Error Code = 2

Maryland State Archives