Legal Opinion

Power v. Jenkins

Court of Appeals of Maryland

Decided May 31, 1859PublishedCited by 1 opinion

Cross-Appeals from the Circuit Court for Baltimore City. John Power, of Baltimore city, died ill 1840, leaving a will, executed on tbe 15th of April 1840, and admitted to probate on the'Sth of July 1840, by which, after directing his debts to be paid, he devised as follows: “1 leave and bequeath to my beloved wife, Ann, the house and lot on the corner of Eutaw and Ross streets, now in fee, during her natural life, and also seven hundred dollars for to support the house, with…

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Cross-Appeals from the Circuit Court for Baltimore City. John Power, of Baltimore city, died ill 1840, leaving a will, executed on tbe 15th of April 1840, and admitted to probate on the'Sth of July 1840, by which, after directing his debts to be paid, he devised as follows: “1 leave and bequeath to my beloved wife, Ann, the house and lot on the corner of Eutaw and Ross streets, now in fee, during her natural life, and also seven hundred dollars for to support the house, with as much of the furniture as she may require to furnish it, but should she not accede to the same, she is then to have…

1Opinion of the CourtBartol, J.

The only question which it is necessary for us to determine-on this appeal, is, what are the rights of the parties to the particular fund, upon which the decree of the Circuit court operates ?

It appears from the record, that after the death of the testa-tor, Ann Power, elected to take the annuity of one thousand dollars for her life, as provided by the will; and afterwards *457William Power with Thornton A. Jenkins and wife, united in a mortgage, conveying certain real estate of which the testator died seized, for the purpose of securing to said Ann Power atid Isabella Power, the payment of the…

2Cases cited2 opinions

  1. Cornish v. WillsonCourt of Appeals of Maryland · 1848
  2. Stevens v. GreggCourt of Appeals of Maryland · 1838

3Cited by1 opinion

  1. Pearson v. WartmanCourt of Appeals of Maryland · 1895

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