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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 457   View pdf image (33K)
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SPENCER VS. SPENCER. 457
[The facts of this case are fully stated in the opinion of the
Chancellor.]
THE CHANCELLOR :
On the 10th of December, 1834, the complainants filed their
bill in this court, praying for relief against the representatives
and devisees of Isaac Spencer, deceased.
It appears by the proceedings that William Spencer, of Kent
county, departed this life in the month of March, 1822, having
on the 3d of the same month duly made and published his will,
containing the following provisions.
"I give and bequeath to my brother, Isaac Spencer, and his
heirs and assigns forever, all my estate, real, personal and mixed,
on these terms and conditions.
"After all my debts are paid, he is to call in two discreet
persons (and he may consult the Orphans Court, if he may see
proper, as to the persons) to make an estimate of the real value
of all my estate, real and personal, and then adding to the
number of his own children then living the two sons of my la-
mented brother, Jervis Spencer, George and William Spencer,
and William Knight, son of my beloved niece, Charlotte Ring-
gold Knight, he is to ascertain what my estate will divide into,
taking into consideration his own children then living, and the
three above named, if alive, or so many as may be alive, and he
is to pay to each of my brother's children, and to William Knight,
a sum that will put them each on a footing with his own children
on the arrival of the said George Spencer, William Spencer and
William Knight at the age of twenty-one years, without interest,
taking into consideration the full value of all ray estate, real and
personal, and in case either the said George Spencer, William
Spencer, or William Knight die before their arrival at the age
of twenty-one years, my brother, Isaac Spencer, is absolved
from the payment to any other person of such sum as the de-
ceased would have been entitled to. But my brother, Isaac
Spencer, is at full liberty to devise all my estate, real and per-
sonal, after complying with the foregoing provisions, to whom-
soever he may see proper, but I should like, though I do not
38*

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 457   View pdf image (33K)
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