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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 456   View pdf image (33K)
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456 " HIGH COURT OF CHANCERY.
this court to add, that they understand the judge below as re-
leasing Anna M. Ogle, as executrix of Benjamin Ogle, from
responsibility for such proceeds of the real estate as have been
accounted for and paid over by him, or brought into the Court
of Chancery, in pursuance of the orders of that court, and the
cause is remanded to the Chancery Court."
GEORGE W. SPENCER AND OTHERS 1
I
WILLIAM A. SPENCER AND JOHN j. SEPTEMBER TERM, 1847.
SPENCER., EXECUTORS OF .
ISAAC SPENCER AND OTHERS. J
[CONSTRUCTION OF WILL——LIMITATIONS.]
A TESTATOR devised all his estate, real, personal and mixed, to his brother
in fee, "on these terms and conditions," viz. "after all my debts are paid,
he is to call in two discreet persons to make an estimate of the real value
of all my estate," and then adding to his own children two sons of the testa-
tor's deceased brother, and a son of his niece, he is to ascertain "what my
estate will divide into," and pay to each of the three last named parties on
their arrival at twenty-one "a sum that will put them each on a footing with
his own children." HELD—
1st. That the estimate of his property is not to be made irrespective of the
debts of the testator, but exclusive of them, and by accepting this devise,
the testator's brother did not become personally bound to pay the legacies
above directed whether the estate was sufficient to pay its debts or not.
2d. The acceptance of this devise by the testator's brother, did not operate as
an extinguishment of a debt due by the testator to him, and the legatees
have no right to plead the statute of limitations against his claim, either as
to the real or personal estate, he alone having the right to interpose this
plea to claims against the testator.
As a general rule, where lands are devised charged with the payment of a leg-
acy, and the devisee accepts the devise, he becomes personally liable for
the legacy, and must pay it whether the property devised be of less or
greater value.
Where an executor is himself the creditor of the estate, limitations will not
bar his claim, for he cannot institute suit against himself for the recovery
of the debt.
By our testamentary system, the executor or administrator alone can plead
limitations to claims against the personal estate of the deceased.
A trust in a will to pay debts, against which the statute of limitations has
run at the death of the testator, will not revive them; but the trustee alone
has the authority to plead it.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 456   View pdf image (33K)
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