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CARTER VS. CALVERT. 205 successions, and he relies on this bond so prepared as demon- strating most clearly that at the time of said reference the complainant did not suppose the conveyance aforesaid was designed as a full and complete settlement and satisfaction of any one or other of the claims of complainant and wife as is now pretended. He further avers, that on the 20th of January, 1848, the said arbitrators, with George M. Bibb, the umpire selected by them, made their award, after due consideration of all the pretensions and proofs of the parties, and thereby awarded that the said George Calvert, at the time of his death, on the 28th of January, 1838, was indebted unto complainant's late wife in the sum of $8039 51, and that from the said sum there should be deducted the sums which had been paid on account to complain- ant by defendant since the death of the said George Calvert, and he avers that the statement C. B. C., No. 4., filed with the answer, contains an accurate account of the payment made to complain- ant prior, and up to, the time of its preparation, and that the orig- inal was prepared and laid before the arbitrators anterior to the date of their award, and with the knowledge and consent of the complainant, and for the purpose of said reference, and that to ascertain the precise sum now to be paid to complainant by de- fendant, it was only necessary to discount from the sum so awarded, with interest, the several sums shown by said exhibit to have been paid by defendant. But he avers, that after pre- paring the original of said exhibit, he has paid to complainant further sums amounting to $810 15, and he insists that the balance which may remain after making all such deductions is all that is now due from defendant as representing his deceased father, and from his father's estate to the complainant and other representatives of his said wife, and pleads and relies upon said award as a full answer and bar to all the relief prayed by the bill. He avers; that this award was made after a pa- tient examination and consideration by the arbitrators of the allegations and proofs laid before them by the parties, and defendant believes it truly and correctly states the amount due from the said George Calvert, deceased, at the time of his death, 17* |
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
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