McVey v. Boggs
High Court of Chancery of Maryland
[The real estate of Thomas Taylor, deceased, was sold, under the decree in this case, for the purpose of distribution among his children, his heirs at law, one of whom was Frances McVey, the wife of Jonathan McVey.
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[The real estate of Thomas Taylor, deceased, was sold, under the decree in this case, for the purpose of distribution among his children, his heirs at law, one of whom was Frances McVey, the wife of Jonathan McVey. After the statement of the account by the Auditor, awarding the sum of $919 06, of the proceeds of the sale, to the said Jonathan, in right of his wife; the latter, by a next friend, filed her petition, alleging that she was poor, and has six children, the most of whom are very young and helpless; that her husband is destitute of property, and has actually applied for the benefit…
1Opinion of the Court
The Chancellor:
The case of Duvall vs. The Farmers’ Bank of Maryland, 4 G. & J., 282, has established the principle, long before recognized and acted upon in England, and in several of the States of this Union, that where the aid of a Court of Equity is necessary to enable the husband to obtain possession of the wife’s personal estate, he must do what is equitable by making a suitable provision out of it for her maintenance, and the maintenance of her children. And the principle prevails, though there has been an assignment by the husband for a valuable consideration, and the assignee,…
2Cases cited1 opinion
- Duvall v. Farmers BankCourt of Appeals of Maryland · 1832