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206 HIGH COURT OF CHANCERY. to complainant's late wife, and he, as one of the trustees ap- pointed by this court, in behalf of complainant and his chil- dren, is inclined to adopt said award as a final adjustment of all claims and demands as aforesaid, and ho further avers, that after the award was made, complainant requested defendant to make out a statement of the balance due him agreeably to the award, which, he did, but complainant then declined submitting to the award, and defendant was, therefore, unable to comply with his part by payment of the balance due as aforesaid. And since that time he has been advised that as complainant is en- titled to no more than a life estate in the sum so awarded, it ought to have been retained and invested by said defendant and his co-trustee, under the direction of this court, and that complainant ought now to be required to pay over to defendant and his co-trustee the moneys so paid by defendant, to be in- vested as aforeaaid. He further avers, that exhibit C. B. C., No. 3, filed as part of his answer, is a copy of a statement prepared by him, and laid before the arbitrators as exhibiting correctly the payments made by said George Calvert in his lifetime, to complainant and his wife; that this statement was examined by complainant, and by him admitted to be correct, and waa used by the arbi- trators in making up their award. That complainant and his wife are therein charged in account with the land and negroes before mentioned, at certain conventional prices, which form parcels of the aggregate claimed to have been paid and advanced as aforesaid, by the said George Calvert in his lifetime, and that the only objection made by complainant before the award was made up, was the item for 160 acres of land therein charged, at the price of $35 per acre, whereas the complainant insisted the charge should have been at the rate of $30 per acre, and no more, and, therefore, a memorandum was made at the foot of the statement by, or at the instance of complain- ant, "deduct 160 acres at $5," the object of which waa to ad- vertise the arbitrators that to the extent of said deduction claimed, but no further, the said statement was controverted. That it was further agreed between the complainant and him- |
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
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