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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 97   View pdf image (33K)
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WILLIAMSON VS. MORTON. 97
Subsequently, on the 10th of July of the same year, Ann S.
Williamson, the wife of the complainant, by her next friend,
filed her petition, stating her title to the proceeds of the sale,
under the will of Mrs. Jones, the improvident assignment, by
her husband, of a portion of the proceeds to the petitioners,
Miller and Mayhew, to pay them the notes of a commercial
firm of which he was a partner, his insolvency, and her conse-
quent liability to loss, if he, or Miller and Mayhew, are per-
mitted to receive the money; and praying that the proceeds of
the sale be invested, under the authority of the court, for the
purposes, and in the execution of the objects, of the will of
Mrs. Jones, a copy of which was exhibited with the petition.
And a petition by the parties entitled in remainder, was filed on
the 28th of December of the same year, likewise praying that
the proceeds of the sale should be brought into court, for the
purpose of being invested.
In opposition to the petition of Mrs. Williamson, Miller and
Mayhew, by their answer thereto, filed on the 16th of October,
1850, after speaking of the assignment by Charles Williamson
to them, and the direction to his attorney, who held the mort-
gage for collection, to pay them the amount of the notes: say,
and insist, that in point of fact, the said Charles A. William-
son, at the time of the assignment thereof as aforesaid to them,
was truly the owner of the said mortgage debt, as he then as-
sumed to be, and authorized in law to make a valid transfer to
them of the same. That at the time of said assignment, the
said Charles A. Williamson had in fact fully and finally settled,
in the Orphans Court for Baltimore County, all accounts that
could lawfully be demanded of him as executor of the said
Mary Ann Jones, and had made a complete and final distribu-
tion of her entire estate, according to law, and in conformity
with the provisions of her will.
With this answer, there was exhibited an account, passed
by Charles A. Williamson, as executor of Mary Ann Jones, in
the Orphans Court, on the 9th of October, 1848, in which he
charged himself with the inventory of the personal estate of his
testatrix, with cash received, and with the principal sum due
10

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 97   View pdf image (33K)
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