Legal Opinion

Wilson v. Maryland Life Insurance

Court of Appeals of Maryland

Decided March 29, 1883PublishedCited by 10 opinions

Aiteal from the Circuit Court of Baltimore City. The bill in this case was filed against the appellee by the appellants, who are the children of Mary C. Marriott, the testatrix in this case, and Franklin Wilson, as their substituted trustee, to have a deed of mortgage made to the appellee, by John McKim Marriott, the father of said children, now deceased, as their trustee, and in his own right as life tenant, under the will of the testatrix, and also a confirmatory mortgage…

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Aiteal from the Circuit Court of Baltimore City. The bill in this case was filed against the appellee by the appellants, who are the children of Mary C. Marriott, the testatrix in this case, and Franklin Wilson, as their substituted trustee, to have a deed of mortgage made to the appellee, by John McKim Marriott, the father of said children, now deceased, as their trustee, and in his own right as life tenant, under the will of the testatrix, and also a confirmatory mortgage made to the appellee by two of said children, after arriving at age, and after the death of their father, declared void,…

1Opinion of the CourtRobinson, J.

After devising one-half of her property to her husband absolutely, and the other half in trust for him for life, with remainder to her children, the testatrix directed:

“My said trustee shall have power to invest and change the investment of said moiety, and for that purpose to sell, convey and dispose thereof, or any part thereof, as often as he may think proper,” &c.

After the death of the testatrix, part of the property was under a decree for partition allotted to the husband absolutely, and part of it was allotted to be held subject to the trust declared in the will.

On the 22d September,…

2Cases cited3 opinions

  1. Hoffman Steam Coal Co. v. Cumberland Coal & Iron Co.Court of Appeals of Maryland · 1860
  2. Cumberland Coal & Iron Co. v. ShermanCourt of Appeals of Maryland · 1863
  3. Tyson v. LatrobeCourt of Appeals of Maryland · 1875

3Cited by10 opinions

  1. Brager v. FriedenwaldCourt of Appeals of Maryland · 1916
  2. Alabama & Vicksburg Railway Co. v. JonesMississippi Supreme Court · 1895
  3. Chenault's Guardian v. Metropolitan Life Ins.Court of Appeals of Kentucky (pre-1976) · 1932
  4. Sprecher v. SprecherCourt of Appeals of Maryland · 1955
  5. Oxenham v. MitchellCourt of Appeals of Maryland · 1931

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