Legal Opinion

Baynard v. Norris

Court of Appeals of Maryland

Decided December 15, 1847PublishedCited by 23 opinions

Appeal from the Equity side of Baltimore County Court. The will of George Heide devised tp his wife Rachel, one equal third part of “ My real estate, for and during the term of her natural life, to be laid off and fixed in that part of my real estate, devised absolutely to my residuary legatees, by three judicious men, to be appointed by the Orphans court of Baltimore county, or the same may be made up in whole or in part of the annuities or yearly ground rents owned by me.

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Appeal from the Equity side of Baltimore County Court. The will of George Heide devised tp his wife Rachel, one equal third part of “ My real estate, for and during the term of her natural life, to be laid off and fixed in that part of my real estate, devised absolutely to my residuary legatees, by three judicious men, to be appointed by the Orphans court of Baltimore county, or the same may be made up in whole or in part of the annuities or yearly ground rents owned by me. “All the rest, residue and remainder of my estate, real, personal and mixed, I give and devise as follows: “ The…

1Opinion of the CourtDorsey, J.

Believing that the testimony in this cause fully establishes the fact of the mistake made by the commissioners in their return, to the Orphans Court for Baltimore County, of the allotment by them made, under the last will and testament of George Heide deceased, by the assignment of lot C on Franklin lane to Eliza *481Baynard, instead of lot A on Cheapside street; and in the assignment of lot A on Cheapside street, as part of the dower of Rachel Ileide, with remainder over to Mary Jinn JYorris, instead of lot C on Franklin lane; the inquiry arises, are the defences set up by the answer, according…

2Cases cited1 opinion

  1. Pendleton v. FayNew York Court of Chancery · 1830

3Cited by23 opinions

  1. Blondell v. TuroverCourt of Appeals of Maryland · 1950
  2. Swift v. WilliamsCourt of Appeals of Maryland · 1888
  3. Fertitta v. Bay Shore Development Corp.Court of Appeals of Maryland · 1969
  4. Williams v. Skyline Development Corp.Court of Appeals of Maryland · 1972
  5. Price v. McDonaldCourt of Appeals of Maryland · 1851

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