Duvall v. Farmers Bank
Court of Appeals of Maryland
Appeai, from the Court of Chancery. A portion of the personal estate of a certain Benjamin Harwood, who died sometime in January, or February, 1826, being in the Court of Chancery for distribution; a petition was filed by the appellant on the 24th July, 1830, as one of the representatives of the said Benjamin, setting forth, that her husband, Lewis Duvall, who departed this life in November, 1829, in his life-time, executed certain assignments of her share of said personal…
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Appeai, from the Court of Chancery. A portion of the personal estate of a certain Benjamin Harwood, who died sometime in January, or February, 1826, being in the Court of Chancery for distribution; a petition was filed by the appellant on the 24th July, 1830, as one of the representatives of the said Benjamin, setting forth, that her husband, Lewis Duvall, who departed this life in November, 1829, in his life-time, executed certain assignments of her share of said personal estate, to one Jonathan Pinkney, cashier of the Farmers Bank of Maryland, without her knowledge or consent. That the…
1Opinion of the CourtArcher, J.
The funds which in this cause, furnish the subject matter of contest, consisted of the personal estate of Benjamin Harwood, of whom the appellant, the widow of Lewis Duvall, was one of the representatives, and as such entitled to a distributive share. The appellant claims the fund yet remaining in court, by survivorship, or that a wife’s equity may be decreed to her out of the fund.
The rule in equity appears to be, that where the aid of a court of equity is necessary to enable the husband to obtain possession ¡of the wife’s personal property, he must do what is equitable, by making a suitable…
2Cited by5 opinions
- State ex rel. Stevenson v. ReigartCourt of Appeals of Maryland · 1843
- Norris v. LantzCourt of Appeals of Maryland · 1862
- Oswald v. HooverCourt of Appeals of Maryland · 1875
- Hall v. HallHigh Court of Chancery of Maryland · 1852
- McVey v. BoggsHigh Court of Chancery of Maryland · 1852