Gough v. Manning
Court of Appeals of Maryland
Appeal from the Circuit Court for St. Mary’s county. James H. C. Manning, by his will dated the 2nd of February, 1854, devised as follows : “2nd. My funeral and other expenses being paid, I will and bequeath to my beloved wife, Elizabeth A. Manning, all that I now possess or may possess at the hour of my death. All my landed property, money, negroes or whatever else I now possess, or may hereafter possess.”
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Appeal from the Circuit Court for St. Mary’s county. James H. C. Manning, by his will dated the 2nd of February, 1854, devised as follows : “2nd. My funeral and other expenses being paid, I will and bequeath to my beloved wife, Elizabeth A. Manning, all that I now possess or may possess at the hour of my death. All my landed property, money, negroes or whatever else I now possess, or may hereafter possess.” “Provided, my said wife, Elizabeth A. Manning, will never marry or give herself in marriage to any man after my death. In case my said wife, Elizabeth A. Manning, should not comply with…
1Opinion of the CourtBowie, C. J.
This case was carefully considered in the Court below where an elaborate opinion was filed with the decree appealed from, to which we might properly refer' for the law without further comment, but for tbe presentation of some points that have been urged in this Court, and do not appear to have been decided.
Among these, it is insisted, the complainant’s bill being framed on the theory that the estate devised to the widow, has been forfeited by her marriage, the parties Bhould be left to their legal remedy, since Courts of Equity never aid in enforcing a forfeiture.
This objection, If intended…
2Cases cited3 opinions
- Beall v. SchleyCourt of Appeals of Maryland · 1844
- Binnerman v. WeaverCourt of Appeals of Maryland · 1855
- Stokeley v. GordonCourt of Appeals of Maryland · 1855
3Cited by8 opinions
- Clark v. Tennison ex rel. BrowningCourt of Appeals of Maryland · 1870
- Bostick v. BladesCourt of Appeals of Maryland · 1883
- Bish v. BishCourt of Appeals of Maryland · 1943
- Maddox v. YoeCourt of Appeals of Maryland · 1913
- Harris v. HarrisCourt of Appeals of Maryland · 1921
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