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CARTER VS. CALVERT. 203 riage settlement was made by his parents, the death of Henry Joseph Steer and wife in 1821, and the death of his father in 1838, leaving a -will, of which, he ia the executor. It also ad- mits the conveyance by complainant and wife after their mar- riage, to B. M. Carter and George II. Calvert, of certain proper- ty in trust as appears thereby, and that defendant and Robert E. Lee were afterwards, by decree of this court, appointed trustees to execute the trusts of said conveyance in place of those named therein. It also admits the conveyance of the 12th of November, 1836, by George Calvert to B. M. Carter, and George II. Calvert in trust for complainant's wife, but denies that it was made by the grantor, or was by complainant and his wife, or either of them, accepted and received exclusively in liquidation and satisfaction of any money or effects in the hands of the grantor for or belong- ing to the said wife, and then payable by him to her, or on her account, or any claim in certain of said wife against the said grantor. On the contrary, defendant is informed and believes that said conveyance was made by the said George Calvcrt, and accepted by the complainant and wife as payment or satisfaction primarily of their claims against him for money which was then payable by him to them, and also on account of all claims which they might thereafter have against him for moneys which might thereafter come into his hands and for which he or his estate might thereafter become liable to them. He admits possession of the land and negroes by complainant and wife prior to the date of the conveyance, and that they have retained possession since, and that in view of this conveyance some statement or estimate was made of the probable extent of the claims of com- plainant and wife against the said George Calvert for moneys then payable by him to her, but he denies that such statement or estimate was correct in fact, or was carefully taken, or de- signed by the parties to be conclusive, since it was understood that at a future day complainant and wife would have further claims against the said George Calvert or his estate, at which time any error might be corrected, and he admits that said state- ment was not particularly examined by the complainant, or |
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
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