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CARTER VS. CALVERT. 201 was acquiesced in without any particular examination thereof because of the near relation of the parties, and the confidence reposed by a daughter in her father, and the same was never at any time afterwards questioned by complainant, or his wife, or her father. That said George Calvert, in virtue of the marriage settlement between him and his wife, and as surviving husband, became possessed of a large amount of money and effects upon the division of the estate of the mother of his said wife, which he was entitled to hold for life only, and which after his death was to be accounted for and distributed amongst his children by his said wife, and in order to secure said money and effects to his children, to be paid after his death, he did, on the 11th of No- vember, 1837, by deed of that date, convey to his sons, George H. and Charles B. Calvert, certain real and personal property upon trust, that if he, before his death, or his legal representa- tives in due time thereafter, should not well and truly account, pay and satisfy to his said children their respective shares of the estate of their maternal grandmother for which he was liable, then the grantees might sell the same and pay to complain- ant's wife for her separate use, or to the trustee named in the marriage settlement between her and complainant, every such sum or sums of money, stocks, security, property and effects as might be then due and coming to her in the premises, and com- plainant charges that the moneys and effects of his wife's ma- ternal grandmother which ca.mc to the possession of said George Calvert, amounted to $100,000 and upwards, and that he has no means of ascertaining the amount and value accurately, but said George II. and Charles B. Calvert, or one of them, have full knowledge of the subject, and can state the amount and value, and what said effects were, and have also copies of the marriage settlement referred to in said deed, and he further charges that said George Calvert did not in his lifetime, and his representatives since his death have not, nor have the trus- tees in said deed, accounted with, or paid to complainant's wife, or her trustees, her share of the moneys and effects of her ma- ternal grandmother, which so as aforesaid came to the posses- VOL.iv—17 |
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
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