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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 204   View pdf image (33K)
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204 HIGH COURT OF CHANCERY.
admitted to be correct by him, but on the contrary he avers
that complainant admitted the said statement or estimate was
not a conclusive settlement as is now pretended.
Ho admits that said George Calvert, in virtue of the marriage
settlement between him and his wife, and as surviving husband,
became possessed of moneys and effects of considerable value
which he was entitled to retain and enjoy during his life, but
which after his death were to belong to and be distributed
amongst his children, and that on the 11th of November, 1837,
he conveyed to said Charles B. and George H. Calvert certain
property in trust to provide thereout for payment of the claims
of his children against him as therein stated. He also admits
the death of complainant's wife as stated in the bill, and that
she left children who are correctly named therein, and also a
last will whereby all her estate is devised to complainant for
life, with remainder to her children.
He denies that he ever refused to account with the complain-
ant for the claims of his wife, which were intended to be pro-
vided for by the deed of trust from said George Calvert to
George H. Calvert and defendant. On the contrary, being in
possession of the trust estates, and having engaged with his
brother, the said George H. Calvert, to provide for any claims
of the complainant against their deceased father, he did from
time to time make large payments to complainants on account,
and so soon as it was discovered that said claims involved import-
ant and difficult questions, it was agreed by and between the
complainant acting for himself and children, and the defendant
for himself and brother, that all claims and demands of the
complainant and his children against the said George Calvert,
deceased, should be left to the friendly arbitrament and award
of Richard S. Coxe and Joseph H. Bradley, with power to them,
in case of disagreement, to appoint an umpire, and accordingly,
on the 28th of July, 1846, complainant gave to defendant his
bond to stand by the award to bo made as aforesaid. He avers
that complainant proposed said reference, and procured, said
bond, to be prepared by his own counsel in such form as to re-
fer all questions arising as well out of the paternal as maternal

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 204   View pdf image (33K)
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