Smith v. Towers
Court of Appeals of Maryland
Appeal from the Circuit Court for Caroline County. On the 15th of April, 1870, the appellant recovered judgment against Robert J. W. Garey and George Millington, trading as Garey & Millington, for $1188.51, and interest and costs.
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Appeal from the Circuit Court for Caroline County. On the 15th of April, 1870, the appellant recovered judgment against Robert J. W. Garey and George Millington, trading as Garey & Millington, for $1188.51, and interest and costs. In May, 1886,. Thomas E. Garey, the lather of Robert J. W. Garey, died leaving a will, in which he devised certain real estate to one John Robert Eountain as trustee, in trust for the following purposes, to wit: '“That he shall pay, or cause to he paid unto my dear son, Robert J. W. Garey, as the same may accrue, the net rents, income and profits arising from said…
1Opinion of the CourtRobixsox, J.
The testator devised certain real estate to his friend John R. Fountain in trust to collect the rents and profits, and to pay the same to his son Robert, “into Ms oicn hands, and not into another, whether claiming by his authority ar otherwise,” and apon his death to convey said real estate, to such children of his son Robert as may be living at the time of his death.
Upon the construction of this clause of the testator’s will two questions arise: First, did the testator mean to give the income of the property to his son to the exclusion of his creditors, and secondly, if so are the terms and…
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