Levering v. Heighe
High Court of Chancery of Maryland
[The bill in this ease was filed on the equity side of Baltimore County Court, on the 19th of September, 1834; for a sale of certain real estate. A decree was passed for a sale at September term, 1838, and the trustee filed his report of sales.
Read the full summary
[The bill in this ease was filed on the equity side of Baltimore County Court, on the 19th of September, 1834; for a sale of certain real estate. A decree was passed for a sale at September term, 1838, and the trustee filed his report of sales. The Auditor stated an account distributing the proceeds of sale, and exceptions were filed to parts of that report, by some of the parties, on the 15th of November, 1839, upon grounds sufficiently appearing from the Chancellor’s opinion, which also contains a statement of the facts.]
1Opinion of the Court
The Chancellor:
This case, which has been argued upon exceptions to the report of the Auditor, presents a very interesting question, and one which it is believed is entirely new in our courts.
The question is, whether a settlement of her real estate, made by a female infant, in contemplation of and upon the eve of her marriage, is so far valid, that in the event of her dying during her minority, the estate thereby conveyed shall descend in a manner different from the direction which the law of descents would give it in case of intestacy ?
The facts are as follows : Augusta Virginia Levering,…
2Cases cited4 opinions
- Fridge v. State ex rel. KirkCourt of Appeals of Maryland · 1830
- M'Cartee v. TellerNew York Court of Chancery · 1830
- Porter v. AskewCourt of Appeals of Maryland · 1840
- Forbes v. ForbesCourt of Appeals of Maryland · 1847
3Cited by1 opinion
- Sprecher v. SprecherCourt of Appeals of Maryland · 1955