Levering v. Heighe
High Court of Chancery of Maryland
[Nathan Levering, by bis will, dated the 1st of February, 1827, directed, that bis executors should bold bis real and other estate, not therein otherwise disposed of, until his youngest child should attain the age of twenty-one years; and then directs the whole residue of his estate, real and personal, to be equally divided among his children, and be transferred and delivered to them, in possession, on the arrival of his youngest child at the age of twenty-one years.
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[Nathan Levering, by bis will, dated the 1st of February, 1827, directed, that bis executors should bold bis real and other estate, not therein otherwise disposed of, until his youngest child should attain the age of twenty-one years; and then directs the whole residue of his estate, real and personal, to be equally divided among his children, and be transferred and delivered to them, in possession, on the arrival of his youngest child at the age of twenty-one years. He left six children, surviving him; and the executor, declining the trust, B. M. Heighe, was, by a decree of Baltimore County…
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 before 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…
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