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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 202   View pdf image (33K)
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202 HIGH COURT OF CHANCERY.
sion of her father, in consequence of a difference between com-
plainant and said Charles B. Calvert as to the amount and value
of said share.
That complainant's wife died on the 10th of January, 1845,
leaving seven children, (who are named,) all minors, and that
before her death she duly executed her will or appointment, by
which she devised all her estate, including that vested in the
trustees named in her marriage settlement, to complainant for
life, with remainder in fee to her children, with power to com-
plainant to make distribution among her children, as he might
think just. That the trustees in the deed of the 11th of No-
vember, 1837, are, by the terms and true construction thereof,
bound, but have failed, to raise, pay over and deliver to the
trustees in the marriage settlement between complainant and
his wife, her share of the moneys and effects of her maternal
grandmother, to be disposed of according to the terms of her will
or appointment.
The bill then makes the said children of complainant, and
Robert E. Lee, Charles B. and George H. Calvert, defendants,
and prays for a discovery of the marriage settlement between
George Calvert and his wife, for an account of the moneys and
effects of the maternal grandmother of complainant's wife, which,
under said settlement and as surviving husband, came to the pos-
session of said George Calvert for his lifetime, and which his
representatives are bound to restore undiminished, or the value
thereof, to his children; that the trustee, in the marriage settle-
ment between complainant and wife may be decreed to be en-
titled to her share of the said moneys and effects of her maternal
grandmother, to be by them disposed of in conformity with her
said will or appointment, and that the property covered by the
deed of trust of the 11th of November, 1837, be sold for the
payment of said share, or the value and amount thereof, and
for further relief.
The answer of Charles B. Calvert, which was adopted by his
co-defendant, George H. Calvert, admits the marriage of his
parents, and of his sister to the complainant, and the issue
thereof, and their survivorship as stated in the bill, that a mar-

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 202   View pdf image (33K)
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