Durham v. Rhodes
Court of Appeals of Maryland
Ceoss-Appeals from the Circuit Court for Baltimore city: Solomon G-. Albers, in December 1829, executed his testament and last will, directing, first, all his just debts and funeral expenses to be fully satisfied and paid out of his estate by his executrix; and then devising and bequeathing all his estate of every kind and description, real, personal and mixed, without reservation or exception, that he was in any manner entitled to or could claim, wherever situate or being,…
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Ceoss-Appeals from the Circuit Court for Baltimore city: Solomon G-. Albers, in December 1829, executed his testament and last will, directing, first, all his just debts and funeral expenses to be fully satisfied and paid out of his estate by his executrix; and then devising and bequeathing all his estate of every kind and description, real, personal and mixed, without reservation or exception, that he was in any manner entitled to or could claim, wherever situate or being, to his wife Elizabeth Albers, her heirs, executors, &c., and constituting her sole executrix. On the 10th November 1838,…
1Opinion of the Court
Weise, J.,
after stating the facts of the case,, (ante, p. 234, et seq.,) delivered the opinion of this Court, as follows:
Elizabeth Albers, or her devisee Sophia Durham, was no party to the proceedings in equity for the sale of the after acquired property, except hy their petitions aforesaid. The claim to dower in it, is only important as it stands *241connected with the other claim for purchase money paid, as in the event of the latter being allowed a deduction for rent is prayed, it being shown or admitted that the said Elizabeth was, and remained in possession of said property from the death of…
2Cases cited3 opinions
- Gibson v. McCormickCourt of Appeals of Maryland · 1838
- Proprietary v. PearceCourt of Appeals of Maryland · 1764
- Schnebly v. RaganCourt of Appeals of Maryland · 1835
3Cited by15 opinions
- Pearre v. GrossnickleCourt of Appeals of Maryland · 1921
- Kuykendall v.Court of Appeals of Maryland · 1894
- Bish v. BishCourt of Appeals of Maryland · 1943
- Duttera v. BabylonCourt of Appeals of Maryland · 1896
- Matthews v. TargaronaCourt of Appeals of Maryland · 1906
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