Lynn v. Gephart
Court of Appeals of Maryland
Appeals from the Equity side of the Circuit Court for Allegany County. Prior to the third day of October, 1849, the children and descendants of David Lynn, deceased, were seized and possessed as tenants in common, in fee, of a valuable real estate, situated in Allegany county, which had been devised to them by the will of their ancestor. The devisees, of whom George Lynn, the husband of the appellant, was one, took equal shares under the will.
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Appeals from the Equity side of the Circuit Court for Allegany County. Prior to the third day of October, 1849, the children and descendants of David Lynn, deceased, were seized and possessed as tenants in common, in fee, of a valuable real estate, situated in Allegany county, which had been devised to them by the will of their ancestor. The devisees, of whom George Lynn, the husband of the appellant, was one, took equal shares under the will. A part of the land devised to them, known as “ The Rose Hill Estate,” was subject to the life estate therein, of the widow of the testator ; this…
1Opinion of the Court
Bowtm, G. <L,
delivered the opinion of this Court.
As these appeals involve principles common to both, and which control the relief prayed in each, they have been argued together, and will he decided and dispos.-d of as one. The appellee Gephart, on the 26th December, 1860, filed a creditors’ hill, charging that/George Lynn, deceased, had died intestate, indebted to him and others in large sums, without leaving personal estate sufficient to pay his debts, hut seized of real estate, which descended to his heirs, and prayed the same might be decreed to be sold for payment of debts, and made the…
2Cases cited1 opinion
- Georgia Insurance & Trust Co. v. DawsonCourt of Appeals of Maryland · 1844
3Cited by15 opinions
- Janes v. ThrockmortonCalifornia Supreme Court · 1881
- Rabbitt v. GaitherCourt of Appeals of Maryland · 1887
- Gracey v. City of MercedCalifornia Supreme Court · 1927
- Glenn v. ClarkCourt of Appeals of Maryland · 1880
- Birckner v. TilchCourt of Appeals of Maryland · 1941
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