clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search		 search for:
clear space
white space
Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 459   View pdf image (33K)
 Jump to  
   << PREVIOUS  NEXT >>
clear space clear space clear space white space

SPENCER VS. SPENCER. 459
Spencer as stated, and that he died seized and possessed of cer-
tain parcels of real and personal estate which, by his will, passed
to his brother, Isaac Spencer, the father of the defendants.
That by the will of William Spencer, his estate was charged
with the payment of all his debts, and that after they should be
paid (and not before) the valuation and payment spoken of in
the will was to be made. That no valuation of the estate of
William Spencer was made, as directed by his will; first, be-
cause, even if it had been sufficient to pay his debts, its embar-
rassments were such that time adequate for the purpose was not
allowed; and secondly, because the personal estate was overpaid
to the amount of upwards of $30,000, including a large debt
due to the said Isaac himself, and that besides this overpayment,
large claims still remain unsatisfied. That in respect to these
overpayments, Isaac Spencer is to be regarded as a creditor of
the real estate of William, after deducting the sum of $5,000,
received from the sale of a portion of his real estate, situate in
Queen Anne's county, which was sold by the said Isaac. That
in paying off this large sum, beyond the value of the personal
estate of his testator, the said Isaac was compelled to part with
portions of his own estate, and to incur heavy individual liabili-
ties. The defendants deny that the annual proceeds of the es-
tate of William were, or even could, in any period of time be
rendered adequate to the payment of his debts, the same not
being sufficient to keep down the annually accruing interest.
They also deny that the real estate which was sold was sold at
an undervaluation, or that there has been any mismanagement
of the personal estate. They admit the death of Isaac Spencer
in 1832 as alleged, and that he left a will, devising and bequeath-
ing his estate to his children, the defendants, as stated in the
bill. That he constituted two of the defendants, William A.
and John Spencer, his executors and the trustees of his real es-
tate, of which they have taken possession, and that complainants
have not received any benefit from the devise in their favor in
the will of William Spencer, because, as the defendants insist,
nothing will remain of his estate after the payment of his debts.
The defendants, though they deny the right of the complainants

  		clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 459   View pdf image (33K)
 Jump to  
   << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.

Tell Us What You Think About the Maryland State Archives Website!

An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 06, 2023
Maryland State Archives