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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 225   View pdf image (33K)
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CAMPBELL'S CASE. 225

words, that the judicial proceedings should be stayed until he
attained his full age. (l)

But it must be recollected, that this is a creditor's suit, as to
which it is expressly declared, that where any person dies without
leaving personal estate sufficient to discharge his debts, and shall
leave to descend, or shall devise real estate to a minor or lunatic,
the Chancellor shall have full power upon application of any credi-
tor of the deceased, and after summoning and hearing the infant or
lunatic, by guardian or committee; and the claim of the creditor
has been fully established, to order the real estate of the deceased
to be sold for the payment of his debts, (m)

In this instance, the claim of these plaintiffs, as designated, has
been admitted, and the insufficiency of the personal assets for
the payment of that claim has also been distinctly admitted; and,
therefore, upon these admissions, which the committee of the luna-
tic, and the guardian ad litem, of the infant were competent to
make; since the answer of a lunatic by his committee may be read
against him, as an answer of one of full age and sound mind, (n)
And the answer of an infant by his guardian ad litem, at least in
cases of this kind, may be read against him also, as if made by
him when of full age; (o) there can be no doubt as to the power
and duty of the Chancellor immediately to decree a sale of the real
estate for the payment of the debts of the deceased, without regard
to any postponement or delay to which a lunatic or infant was for-
merly entitled, or with which they might otherwise have been
indulged.

All real estate in Maryland has been made subject to be taken
and sold for the satisfaction of the debts of its owner; yet that has
not in any manner affected the debtor's right to alien, or devise it
bona fide, in any way he may think proper. It has, however, been
declared by statute, that all devises in fraud of creditors, shall be
deemed void; (p) that is, where the debtor devises his real estate
to any one, without leaving a sufficiency in the hands of his heir,
or executor, to pay his debts. Yet, if a testator devises real
estate for the payment of his debts, in a way that may be sufficient
and effectual for that purpose, it will not be affected by this statute.

(I) 1721, ch. 14, s. 2; 1729, ch. 24, s. 16; Taylor v. Philips, 2 Ves. 23; Plasket
0. Beeby, 4 East, 485.—(m) 1785, ch. 72, s. 5.—(n) Leving v. Caverly, Prec.
Chan. 229; Wilson v. Grace, 14 Ves. 172.—(o) Hammond v. Hammond, post—
(P) 3 W. and M. c. 14.

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 225   View pdf image (33K)
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