Legal Opinion

Wilson v. Farquharson

Court of Appeals of Maryland

Decided December 15, 1853PublishedCited by 7 opinions

Appeal from the Court of Chancery. This appeal was taken from a decision of the chancellor dismissing the petition of the appellant, reported in 4 Md. Ch. Decisions, 176, where the will of Mr. Harper, which gave rise to the controversy, is fully set out, and where, as well as in the opinion of this court, the other facts of the case are fully stated. 1st. Farquharson had no right to obtrude himself in the case, and ask for the protection of the cestui que trust.

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Appeal from the Court of Chancery. This appeal was taken from a decision of the chancellor dismissing the petition of the appellant, reported in 4 Md. Ch. Decisions, 176, where the will of Mr. Harper, which gave rise to the controversy, is fully set out, and where, as well as in the opinion of this court, the other facts of the case are fully stated. 1st. Farquharson had no right to obtrude himself in the case, and ask for the protection of the cestui que trust. He was clothed with no greater power than was given to Rea, the original trustee under the will. Henry, the negro, was an adult…

1Opinion of the CourtLe Grand, C. J.

This is an appeal from the court of chancery. It appéars from the record that William S. Harper, by his last will, manumitted his negroes, and devised to William Rea certain real estate in trust for their benefit. In particular he devised certain real estate to the said Rea, in trust to be rented out, and the issues and profits thereof to be paid over to Henry Robinson, one of his negroes, “annually, or his order, attested by some justice of the peace.” Rea assumed the trust and discharged the functions thereof for some time, when, having declined to’ act any longer, the appellee,…

2Cases cited1 opinion

  1. Watkins v. Stockett's Adm'rCourt of Appeals of Maryland · 1825

3Cited by7 opinions

  1. Cooke v. HusbandsCourt of Appeals of Maryland · 1857
  2. Simpson v. LeagueCourt of Appeals of Maryland · 1909
  3. Farmer v. Associated Professors of Loyola CollegeCourt of Appeals of Maryland · 1934
  4. Hand v. Manufacturers & Traders Trust Co.Court of Appeals of Maryland · 2008
  5. Reil v. WempeCourt of Appeals of Maryland · 1924

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