Legal Opinion

Simpers v. Simpers

Court of Appeals of Maryland

Decided March 15, 1860PublishedCited by 13 opinions

Appeal, from the Circuit Court for Cecil county. Ejectment for a tract of land, called “Home Place,” brought on the 3d of August 1852, by the appellant against the appellee.

Read the full summary

Appeal, from the Circuit Court for Cecil county. Ejectment for a tract of land, called “Home Place,” brought on the 3d of August 1852, by the appellant against the appellee. The case was submitted 'to the court below upon an agreed statement of facts, by which it was admitted that, in 1805, Thomas Simpers, the elder, died seized in fee of the lands claimed in this suit, leaving a will, duly executed, to pass real estate, dated the IGch of December 1805, in which are tile following clauses: “Secondly. I give and devise unto my natural son, Henry Simpers, son of Mary Boulden, all my present…

1Opinion of the CourtBartol, J.

The main question presented by this appeal, a!nd the only one which it is necessary for this -court to consider, is, what estate did Henry Simpers lake in -the lánds devisbd tfc> hirii by the will of his father, Thomas Simpers, the elder? That devise is as follows:

“I give and -devise unto my natural son, Henry Simpers, son of M.ary Bouldin, all my present dwelling plantation, <fcc., &c-., to him the said ITenry Simpers (son of Mary Bouidin) for and during the term of his natural life'; and after his decease, to his eldest son; for and during the term of the natural life-of such eldest son;…

2Cases cited2 opinions

  1. Chelton v. HendersonCourt of Appeals of Maryland · 1850
  2. Lyles v. Digges's LesseeCourt of Appeals of Maryland · 1824

3Cited by13 opinions

  1. De Vaughn v. HutchinsonSupreme Court of the United States · 1897
  2. Shreve v. ShreveCourt of Appeals of Maryland · 1875
  3. Cowman v. ClassenCourt of Appeals of Maryland · 1929
  4. Pennington v. PenningtonCourt of Appeals of Maryland · 1889
  5. Clarke v. SmithCourt of Appeals of Maryland · 1878

8 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API