Beall v. Schley
Court of Appeals of Maryland
Appeal from the equity side of Frederick County Court. The appellees in their bill alleged, that Caspar Mantz, being seized and possessed of a large real and personal estate, did, on the 29th August 1832, publish his last will and testament; and about the 29th October 1839, died without having revoked, or in any manner altered or changed his said will.
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Appeal from the equity side of Frederick County Court. The appellees in their bill alleged, that Caspar Mantz, being seized and possessed of a large real and personal estate, did, on the 29th August 1832, publish his last will and testament; and about the 29th October 1839, died without having revoked, or in any manner altered or changed his said will. That John H. McElfresh, named in said will, took upon himself the burden of executing all the trusts imposed upon and confided to him by said will; both as the sole executor of said will, as also the trustee for the several parties, devisees,…
1Opinion of the CourtArcher, J.
The controversy in the present case, arises under the will of Caspar Mantz ; and grows out of the following clause in the will:
“ And furthermore, I do hereby make and constitute my sister Theresa, my residuary legatee and devisee; and I do hereby give and bequeath to her all my money, choses in action, and all the rest, and residue, and remainder of my property, real, personal, and mixed, (not hitherto devised or bequeathed,) of which I am now possessed, or of which I may he possessed, at the time of m.y death; to her, my said sister Theresa, her heirs and assigns forever.”
Which said will was…
2Cited by19 opinions
- Smithsonian Institution v. MeechSupreme Court of the United States · 1898
- Washburn v. Van SteenwykSupreme Court of Minnesota · 1884
- Hanson v. WorthingtonCourt of Appeals of Maryland · 1858
- Albert v. AlbertCourt of Appeals of Maryland · 1888
- Armstrong v. Risteau's LesseeCourt of Appeals of Maryland · 1853
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