Wallace v. Du Bois
Court of Appeals of Maryland
Appeal from tbe Circuit Court of Baltimore City. Benjamin Maitland died in April, 1884, leaving a last, will and testament duly executed on the 23rd of June, 1879, by which he appointed Charles E. Phelps and John Y. L. Eindlay his executors. The estate was fully, administered, except as to that portion of it which has given rise to the present controversy. The testator bequeathed to his son, Lindley H. Maitland, the sum of six thousand dollars.
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Appeal from tbe Circuit Court of Baltimore City. Benjamin Maitland died in April, 1884, leaving a last, will and testament duly executed on the 23rd of June, 1879, by which he appointed Charles E. Phelps and John Y. L. Eindlay his executors. The estate was fully, administered, except as to that portion of it which has given rise to the present controversy. The testator bequeathed to his son, Lindley H. Maitland, the sum of six thousand dollars. This son had married, and there was fruit of the marriage the infant, Jennie Ward Maitland. The’father ■having deceased, Charles Wallace was appointed…
1Opinion of the CourtRobinson, J.
This is a question in regard to ademption or satisfaction of a legacy. The testator gave to his son, Lindley, a legacy of six thousand dollars, and to each of his other children he also gave legacies, except Burgwyn, who had received already, the testator says, more than his share of the estate.
*159The will was made in 1879, and Lindley died in 1883, in the life-time of his father, leaving a daughter, the appellant, his only child and heir-at-law.
The testator died in 1884, without revoking the bequest to Lindley, and among his papers were found three promissory notes of Lindley, dated February…
2Cited by22 opinions
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- Application of the State to Subject Property of Said Estate to a Collateral Inheritance Tax v. KilerSupreme Court of Iowa · 1903
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