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Home > Reports of Cases Argued and Determined in the Court of Appeals of Maryland (Volume 94): (English)
Reports of Cases Argued and Determined in the Court of Appeals of Maryland (Volume 94): (English)

Reports of Cases Argued and Determined in the Court of Appeals of Maryland (Volume 94): (English)

          
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About the Book

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Md.] Argument of Counsel. ance was affirmed by the Court of Appeals. The Court in its opinion (miller, J.), says: There is no difficulty as to the rule which must govern the ascertainment of this amount. The auditor states that he has calculated the value of the husband's interest under 41 st Rule of Court, and makes it three-eighths of the whole sum assigned to the wife for her share of the proceeds of sale. The record does not disclose what that rule is, but it seems to be conceded by the brief of the appellant's counsel that it is the same as the Chancery Rule for the allowance in lieu of a life-interest in the whole estate, being treble the amount allowed in like cases in lieu of dower. Williams' case, 3 Bland, 281, 282. This has been long accepted and adopted in the chancery practice of this State as the correct method of ascertaining the present value of estates for life in land, and life-estates of all descriptions other than dower, or those embraced by some legislative provision. This rule, as we understand it to be conceded, has been followed and applied in the case before us, and in our opinion correctly so. There being no statutory provision for an allowance in lieu of life-estates (except in cases coming under the Act of Direct Descents), the Equity Rule of the Circuit Court of Baltimore City referred to is but the embodiment of the chancery doctrine and practice followed in Maryland since at least 1816. The same doctrine was applied as to the allowance for a life-interest in McLaughlin v. McLaughlin, 80 Md. 115, 117, and Neal v. Hopkins, 87 Md. 19. We find, therefore, a uniform course of decision from 1816 to the present, that a life-tenant, at his election, is entitled to receive in lieu of his interest, a sum calculated by analogy to the rule in dower, vi...


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Product Details
  • ISBN-13: 9781458964779
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 318
  • Series Title: English
  • Weight: 572 gr
  • ISBN-10: 1458964779
  • Publisher Date: 01 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Spine Width: 17 mm
  • Width: 189 mm


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