68 Md. 540 | Md. | 1888
delivered the opinion of the Court.
On the fourth day of November, 1886, Middleton and Williams, trading under the firm name of J. I. Middleton & Co., made a deed of trust to Skip with Wilmer for the benefit of their creditors. On the petition of the trustee, the Circuit Court of Baltimore City took jurisdiction of the trust, and ordered that the trustee publish the usual notice to creditors to prove their claims. A claim for eleven thousand four hundred and eighty-one dollars and twenty-two cents, was filed in behalf of Mrs. Middleton, the wife of one of the grantors, verified by the oath of her husband. Exceptions were filed by Thomas P. Jenkins, a creditor of the firm; but they were overruled, and Mrs. Middleton’s claim was admitted to receive a dividend from the assets of the firm. An appeal was taken by the exceptant.
Mr. and Mrs. Middleton were both examined as witnesses. In his testimony, Middleton speaks of a marriage settlement on his wife; but as it was not produce^, nor were its contents proved in the mode required by law, we cannot take it into consideration. The law, however, effectually secures a married woman’s property to her, without any marriage settlement. It appears that a portion of Mrs. Middleton’s property consisted of coupon bonds, certificates of stock of banks and railroads, mortgages and city stock, and that these securities were received by Mr. Middleton and were managed by him as he saw fit
We must reverse the order overruling the exceptions; and sustain the second exception, which maintains that
Order reversed as to second exception, and cause remanded—costs in both Courts to be paid by the appellee.