Calvert v. Carter

Decided December 15, 1854

Court of Appeals of Maryland · decided 1854-12-15

The bill in this case was filed by the appellee against the appellants and others, for an account of the moneys and effects of the maternal grandmother of the complainant’s deceased wife, who was the daughter of George Calvert the father of the appellants. The appellee was tenant for life, and his children remainder men in fee, of the fund in controversy. This fund called in the proceedings the “maternal succession,” arose in the following manner.

Cited by 1 later decisions — most recently October 1876

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1854-12-15

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Eccleston, J.,

¶1delivered the opinion of this court.

¶2We consider it unnecessary to express any opinion in relation to the .question, whether the arbitrators exceeded their authority, by including in their award matters which are said to be connected with what is called the “paternal succession; ” because we fully concur with the chancellor in the opinion, that want of certainty in the award “removes it from the way of the plaintiff in this case.” In addition to what has been so well said by the chancellor on this point, see 12 Wend., 380, Waite vs. Barry. 1 Adol. & Ellis, (N. S.,) 110, in 41 Eng. C. L. Rep., 460, Hewitt vs. Hewitt. 6 Grattan, 381, Cauthorn vs. Courtney.

¶3 *142We affirm the decree of the chancellor, with costs to the appellee, and the cause will be sent to the circuit court for Prince Georges county for further proceedings. For which purpose a decree will be signed in accordance with this decision.

¶4Decree affirmed and cause remanded.