Wilhelm v. Wilhelm
High Court of Chancery of Maryland
[The bill, in this case, was filed for a partition of the real estate of John Wilhelm, deceased, among his heirs at law. The heirs at law were ten in number, and the commissioners decided that the land was capable of advantageous division into ten parts, and divided the same accordingly, making several of the lots to contain less than fifty acres.
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[The bill, in this case, was filed for a partition of the real estate of John Wilhelm, deceased, among his heirs at law. The heirs at law were ten in number, and the commissioners decided that the land was capable of advantageous division into ten parts, and divided the same accordingly, making several of the lots to contain less than fifty acres. To this return some of the parties excepted, for the reasons stated in the following opinion of the Chancellor, delivered on the 18th of May, 1849.] [Another return was then made by the commissioners, which was again excepted to, and upon these…
1Opinion of the Court
The Chancellor :
The objections of the complainant to the return of the commissioners resolve themselves into two. First, it is objected that the commissioners have divided the estate into too many parts, to the injury of the complainant and Eleanor and Charlotte Wilhelm. Secondly, that they have assigned to two of the heirs at law, who are minors, nothing for their present support, the parts allotted to them being encumbered with the dower of the widow for life.
The first objection I do not think well taken. The judgment of the commissioners in regard to the susceptibility of the estate to be…
2Cases cited3 opinions
- Bennett v. BennettCourt of Appeals of Maryland · 1847
- Chaney v. TiptonCourt of Appeals of Maryland · 1840
- Maccubbin v. CromwellCourt of Appeals of Maryland · 1828
3Cited by1 opinion
- Claude v. HandyCourt of Appeals of Maryland · 1896