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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 493   View pdf image (33K)
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MAYO VS. BLAND. 493
Mrs. Bland is not liable for the payment of debts, that or the
"Bland Air" farm must be so applied, and thus the property
on which and in respect of which the charge of the annuity of
$600 was imposed, would be diminished whilst the charge itself
would remain in full force.
Upon the whole, then, and in view of all the circumstances of
this case, I am of opinion, that the property bequeathed gene-
rally to Mrs. Bland, was liable for the payment of the debts of
the testator, and the expense of the administration of his estate
before the specific bequests could be resorted to, and that there
is nothing in the agreements and acts of the parties which pre-
cludes the executor from raising the question in this cause.
And I am also of opinion, that the technical objection to the
frame of the bill cannot be maintained. The bill alleges that
the cash on hand and moneys due the deceased, and proceeds
of the personal property, so as aforesaid, sold by the executor,
with the consent of Mrs. Bland, were applicable to the payment
of debts, and prays that the same may be so applied, and that the
judgment against the complainant rendered in pursuance of the
agreement before referred to, shall be so corrected and reduced
as to require him to pay interest only on the sum actually due
from him, after applying said cash and proceeds and the money
received from the Virginia fund to the payment of the debts of
the testator; and for this purpose that an account may be taken
in this court. There is, to be sure, no express allegation in the
bill that the devises and bequests to Mrs. Bland exceed the
value of her common law rights. But when the bill avers, as
it does, that the property so bequeathed and money is liable to
pay debts, if that liability depends upon the fact that the ben-
efits taken by Mrs. Bland under the will are greater than
her legal rights, the fact itself must be regarded as substan-
tially averred.
The case of McCormick vs. Gibson is not an authority to
prove that this question may not be presented without an ex-
plicit averment in the bill, of the excess of the provision over
the common law rights of the widow. The court, in that case,
held the widow to be entitled to the provision made for her by
41*

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 493   View pdf image (33K)
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