Magruder v. Peter
Court of Appeals of Maryland
Appeal from the equity side of Montgomery County Court. The bill in this cau.se was filed on the 16th March 1836, by George Peter, surviving executor of David Peter, and alleged that David Peter made his Iasi will; that the executors therein named duly qualified, and by the death of Sarah Peter and Leonard II.
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Appeal from the equity side of Montgomery County Court. The bill in this cau.se was filed on the 16th March 1836, by George Peter, surviving executor of David Peter, and alleged that David Peter made his Iasi will; that the executors therein named duly qualified, and by the death of Sarah Peter and Leonard II. Johns, the execution of said will has devolved upon complainant as surviving executor; that in June 3 813, in pursuance of said will, the executors, for the purpose of paying the testator’s debts, proceeded to sell a certain tract of land, described in the said will as the land on which…
1Opinion of the Court
Stephen, J.,
delivered, the opinion of this court.
The hill of complaint in this case, was filed on the equity side . of Montgomery county court by the complainant, as the surviving executor of the will of David Peter, deceased, against the appellants, to compel payment of the balance of the purchase money, of a tract of land sold by the executors of said Peter to a certain George Magruder, under a power supposed by them to be derived from the will of said Peter.
The clause of the will under which the executors acted, is in the following words: “I wish all my debts to be as speedily paid as…
2Cases cited1 opinion
- Nelson v. CarringtonSupreme Court of Virginia · 1815
3Cited by13 opinions
- Demuth v. Old Town BankCourt of Appeals of Maryland · 1897
- Smoot v. ReaCourt of Appeals of Maryland · 1863
- Shirk v. SoperCourt of Appeals of Maryland · 1923
- Baltimore & Ohio Railroad v. TrimbleCourt of Appeals of Maryland · 1879
- Miller v. HorowitzCourt of Appeals of Maryland · 1937
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