Lark v. Linstead
High Court of Chancery of Maryland
[The bill, in this case, was filed on the 28th of October, 1849, by the complainants as the legatees in reversion of Greenbury Lark, praying for the sale of a negro which was purchased by the defendant, Linstead, in the year 1829, from Amelia Lark, the widow, executrix and legatee for life of the said Greenbury.
Read the full summary
[The bill, in this case, was filed on the 28th of October, 1849, by the complainants as the legatees in reversion of Greenbury Lark, praying for the sale of a negro which was purchased by the defendant, Linstead, in the year 1829, from Amelia Lark, the widow, executrix and legatee for life of the said Greenbury. It alleges, that the said Amelia could only have sold her life estate in the said boy, as the estate of her husband had been settled up before the said sale by the said executrix. They also pray for an account of the hires of the said boy since the death of the said Amelia. The…
1Opinion of the Court
The Chancellor:
I am of opinion that the objection to the jurisdiction of this court to grant relief in a case like the present cannot be sustained.
The complainants claim, as legatees, in remainder, under the will of Greenbury Lark, after the death or widowhood of his wife, Amelia Lark, whom he constituted his executrix, and to whom, durante viduitate, he devised and bequeathed his entire estate, real and personal, with remainder to his children, the complainants, share and share alike.
It may be inferred, from the authorities and treatises upon the subject, that the original jurisdiction over…
2Cases cited2 opinions
- Watkins' Adm'rs v. State ex rel. ShawCourt of Appeals of Maryland · 1830
- Allender v. RistonCourt of Appeals of Maryland · 1829
3Cited by2 opinions
- Hedges v. NorrisNew Jersey Court of Chancery · 1880
- Phoenix Mutual Life Insurance v. HarrisCourt of Appeals for the D.C. Circuit · 1916