Hays v. Henry
High Court of Chancery of Maryland
[This case was removed from the equity side of Baltimore County Court. The bill filed by the widow of Simeon Hays, stated, that he died in the year 1847 ; that he had for upwards of twenty years previous cohabited with Charlotte Henry, by whom he had two children ; that he also had two children by the complainant; that on the 2d of April, 1844, having converted certain of his estate into money, the said Hays bought with it a house and lot in Baltimore, subject to a ground…
Read the full summary
[This case was removed from the equity side of Baltimore County Court. The bill filed by the widow of Simeon Hays, stated, that he died in the year 1847 ; that he had for upwards of twenty years previous cohabited with Charlotte Henry, by whom he had two children ; that he also had two children by the complainant; that on the 2d of April, 1844, having converted certain of his estate into money, the said Hays bought with it a house and lot in Baltimore, subject to a ground rent, and caused it to be conveyed to said Charlotte, who, on the 9th of the same month conveyed it to him, in trust, for…
1Opinion of the Court
The Chancellor:
It has been conceded in this case, and certainly it could not be disputed, since the decisions in Griffith vs. Griffith, Ex’rs., 4 Harr. & McHenry, 101; and Coomes vs. Clements, 4th Harr. & Johns., 480, that it is not in the power of a husband in Maryland, by will to deprive his widow of that portion of his personal estate to which she is entitled by law; the amount of the share depending upon circumstances, being one-third or one-half, according to those circumstances. This has been the settled and unquestionable law in this state, since the decision of the cases referred to.
Bu…
2Cited by17 opinions
- Sturgis v. Citizens National BankCourt of Appeals of Maryland · 1927
- Mushaw v. MushawCourt of Appeals of Maryland · 1944
- Collins v. CollinsCourt of Appeals of Maryland · 1904
- Kernan v. CarterCourt of Appeals of Maryland · 1918
- Stroup v. StroupIndiana Supreme Court · 1895
12 more not listed; retrieve them via the Exa API.