Hall v. Hall
High Court of Chancery of Maryland
[The real estate of Benedict W. Hall, who died in 1843, was sold under the decree in this case, for the purpose of partition amongst his heirs at law. One of those heirs, Jane S. Hall, previous to the death of her father, had intermarried with one William P. Turner, by whom she had issue, and who subsequently, on the 24th of March, 1843, applied for the benefit of the insolvent laws.
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[The real estate of Benedict W. Hall, who died in 1843, was sold under the decree in this case, for the purpose of partition amongst his heirs at law. One of those heirs, Jane S. Hall, previous to the death of her father, had intermarried with one William P. Turner, by whom she had issue, and who subsequently, on the 24th of March, 1843, applied for the benefit of the insolvent laws. His trustee in insolvency filed his petition in this case, claiming the value of said Turner’s curtesy interest in his wife’s share of said real estate, for the benefit of creditors. This application was resisted…
1Opinion of the Court
The Chancellor :
The court does not deem it necessary in this case to institute a comparison for tho purpose of ascertaining whether the circumstances existing here bring it within the principle settled by the case of Mc Vey and wife vs. Taylor and others, recently decided and reported in 3 Md. Ch. Decisions, 94.
The principle there decided, being that, when the aid of a court of equity is invoked to enable the husband or tho assignee of the husband for value, or by operation of law, to get possession of the wife’s property,"the court will take care that a suitable provision is made out of the…
2Cases cited1 opinion
- Duvall v. Farmers BankCourt of Appeals of Maryland · 1832