Legal Opinion

Smith v. Townshend

Court of Appeals of Maryland

Decided July 12, 1867PublishedCited by 18 opinions

Appeal from the Equity side of the Circuit Court for Allegany County. Paul Hoye, of Washington county, died in 1816, leaving a will .dated 9th of April, 1813, by which he devised and bequeathed to his son John Hoye, and to Leonard M. Deakins, and to the survivor of them, several tracts of land in Allegany county, together with all the stock and farming utensils on the farm whereon his son, William W. Hoye, then resided in said county, and also certain negroes, in trust to…

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Appeal from the Equity side of the Circuit Court for Allegany County. Paul Hoye, of Washington county, died in 1816, leaving a will .dated 9th of April, 1813, by which he devised and bequeathed to his son John Hoye, and to Leonard M. Deakins, and to the survivor of them, several tracts of land in Allegany county, together with all the stock and farming utensils on the farm whereon his son, William W. Hoye, then resided in said county, and also certain negroes, in trust to permit and allow the children of his son William W. Hoye, to have the use and enjoyment of the said tracts or parcels of…

1Opinion of the CourtBaetol, J.

The relief prayed by the bill in this case is, that certain deeds therein mentioned, made to John Hoye in his *387lifetime, shall he vacated and set aside ; that George Smith, executor of John Hoye, deceased, shall he required to render an account of the trust, which was vested in his testator by the will of Paul Hoye, deceased; and that Edward Hoye, the new trustee, may render an account of his trust, and that the real and personal estate so devised in trust by Paul Hoye, and the real estate of which William W. Hoye died seized, he decreed to be sold, and the proceeds thereof be divided among…

2Cases cited2 opinions

  1. Billingslea v. BaldwinCourt of Appeals of Maryland · 1865
  2. Jones v. JonesCourt of Appeals of Maryland · 1849

3Cited by18 opinions

  1. McLaughlin v. BarnumCourt of Appeals of Maryland · 1869
  2. Gaver v. GaverCourt of Appeals of Maryland · 1939
  3. Nichols v. McCarthySupreme Court of Connecticut · 1885
  4. Pairo v. VickeryCourt of Appeals of Maryland · 1873
  5. Turk v. GrossmanCourt of Appeals of Maryland · 1939

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