Calvert v. Carter
Court of Appeals of Maryland
Appeal from the Court of Chancery. The bill in this case was filed by the appellee against the appellants and others, for an account of the moneys and effects of the maternal grandmother of the complainant’s deceased wife, who was the daughter of George Calvert the father of the appellants. The appellee was tenant for life, and his children remainder men in fee, of the fund in controversy.
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Appeal from the Court of Chancery. The bill in this case was filed by the appellee against the appellants and others, for an account of the moneys and effects of the maternal grandmother of the complainant’s deceased wife, who was the daughter of George Calvert the father of the appellants. The appellee was tenant for life, and his children remainder men in fee, of the fund in controversy. This fund called in the proceedings the “maternal succession,” arose in the following manner. George Calvert in 1799, married Rosalie Eugenia Steer, and by virtue of a marriage settlement between him and…
1Opinion of the CourtEccleston, J.
We consider it unnecessary to express any opinion in relation to the .question, whether the arbitrators exceeded their authority, by including in their award matters which are said to be connected with what is called the “paternal succession; ” because we fully concur with the chancellor in the opinion, that want of certainty in the award “removes it from the way of the plaintiff in this case.” In addition to what has been so well said by the chancellor on this point, see 12 Wend., 380, Waite vs. Barry. 1 Adol. & Ellis, (N. S.,) 110, in 41 Eng. C. L. Rep., 460, Hewitt vs. Hewitt. 6 Grattan,…
2Cases cited1 opinion
- Waite v. BarryNew York Supreme Court · 1834
3Cited by1 opinion
- Calvert v. CarterCourt of Appeals of Maryland · 1861