Worthington v. McPherson
Court of Appeals of Maryland
Appeal from the Orphans Court of Anne Arundel County. The will of Lewis JYeth, bearing date the 4th October, 1832, contains among others the following clauses, viz : Item. All the rest of my real estate I desire may be sold, and I hereby authorize and appoint Samuel Maynard to make sale thereof, upon such terms as be may approve of, and also to execute deeds for the same when the purchase money is paid.
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Appeal from the Orphans Court of Anne Arundel County. The will of Lewis JYeth, bearing date the 4th October, 1832, contains among others the following clauses, viz : Item. All the rest of my real estate I desire may be sold, and I hereby authorize and appoint Samuel Maynard to make sale thereof, upon such terms as be may approve of, and also to execute deeds for the same when the purchase money is paid. The money therefrom arising to be invested by the said Maynard in some safe public stock or funds, and to be held for the use of my said child or children. Item: The rest of my estate, of…
1Opinion of the Court
Archer, C. J,,
delivered the opinion of this court.
The will of Lewis Neth was dated on the 7th October, 1832. The testator died a few days after the execution of his will and codicil. At the time of the death of the testator, his wife *54was pregnant, and in April, 1833, was delivered of a son. This son died in 1846.
The clauses of the will having reference to the question before us, will be found in the statement of this case.
The question presented for our consideration, is, whether the profits of the estate, devised contingently to the child, should, upon its death, pass to the personal…
2Cited by3 opinions
- Hurford v. HainesCourt of Appeals of Maryland · 1887
- State v. Mayor of BaltimoreCourt of Appeals of Maryland · 1857
- Holmes v. MitchellCourt of Appeals of Maryland · 1853