Beall's Lessee v. Holmes
Court of Appeals of Maryland
A weal from Montgomery county court. Ejectment for a tract of land in Mcnlgtvicry county, called Lay Hill. The defendant, (the appellee,) pleaded the general issue.
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A weal from Montgomery county court. Ejectment for a tract of land in Mcnlgtvicry county, called Lay Hill. The defendant, (the appellee,) pleaded the general issue. The opinion of the court below was given on a case stated, which presentctl but one question, that is, what was the true construction of a devise in the will of James Beall, executed in the year 1T23, under which the lessor of the, plaintiff claimed? The county court, [iridgeJy and Kil•¿our, A. .7.'] decided, that the devisees took an estate for life only, and gave judgment for the defend ant, and the | lain tiff appealed to this…
1Opinion of the Court
Buchanan,, Ch. J.
at this term delivered the opinion of the court. It appears that on the 21st of November 1T23, James Beall made his will, in which, immediately after an introductory clause in these words, “as touching my worldly estate wherewith it has pleased God to bless me in this life, I give,' devise and dispose, of, in the following form and manner, via.” he proceeds, ‘ ‘•Imprimis, I give and bequeath to my eldest son John Beall, all that tract of land called Rover’s Content, and another tract of land called Fiffe, and all that part of a tract of land called Good Luck, which lies on…
2Cases cited3 opinions
- Lambert's Lessee v. PayneSupreme Court of the United States · 1805
- Davies v. MillerCourt of Appeals of Virginia · 1797
- Lippett v. HopkinsU.S. Circuit Court for the District of Rhode Island · 1813
3Cited by11 opinions
- Graham v. GrahamWest Virginia Supreme Court · 1883
- Shreve v. ShreveCourt of Appeals of Maryland · 1875
- Hawman v. ThomasCourt of Appeals of Maryland · 1876
- Hebden v. KeimCourt of Appeals of Maryland · 1950
- Lyon v. Safe Deposit & Trust Co.Court of Appeals of Maryland · 1913
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