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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 494   View pdf image (33K)
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494 HIGH COURT OF CHANCERY.
the will, because there was neither allegation or proof that the
provision was larger than she would otherwise have been en-
titled to.
The defendant, by her answer in this case, and her counsel in
the argument, has raised several questions upon the accounts
passed by the executor in the Orphans Court. Among other
objections to these accounts, it has been said that the crops and
some articles of personal property on "Bland Air" did not pass
by the devise to Mrs. Mayo in the second clause of the will.
In construing this devise, we must of course, as in every case of
the kind, ascertain, if we can, the intention of the testator, and
my strong conviction is, that he did intend to give his daugh-
ter the crops and property in question. I do not think it can
be fairly inferred, that he intended to give her his slaves and
farm stock, and withhold from her the crops and produce of the
farm essential to their support, and raised on the farm to which
they belonged. Neither can I persuade myself to think that
when he gave her the "Bland Air estate," and all the personal
property thereon, and used with the same, that he meant to
deny her the furniture in the dwelling house, which stood upon the
farm and was part of the estate, and which was used by those
occupying it. Although the furniture in the house may not
have been used with the farm, that is, in cultivating the land, it
was used with the estate, the house being of course part of the
estate and the furniture being used with the house.
With regard to the objection that the commissions of the ex-
ecutor should have been so distributed as to be thrown upon
the separate portions of the personal estate, and thus make the
several legatees general and specific bear their proportions
thereof, I am of opinion it cannot be maintained. It would be
introducing an entirely new principle in our testamentary sys-
tem, for which no authority has been, nor, as far as I am in-
formed, can be produced.
There are other matters connected with the accounts which
I shall reserve until the coming in of the report of the Auditor,
to whom I shall send the cause, with instructions to state an
account according to the views herein expressed, from the plead-

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 494   View pdf image (33K)
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