O'Byrne v. Clagett
Court of Appeals of Maryland
Appeal from the Equity Side of the Circuit Court for Washington county. By the will of Dennis O’Byrne, who died in 1842, the testator directed that his real estate should remain in the possession of his wife, with power to manage it in her discretion, for her own support, and the education aud maintenance of his children, until his son, Terrence, should attain the age of twenty-one years,- unless his wife should sooner die, marry, or his executors should think the interests…
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Appeal from the Equity Side of the Circuit Court for Washington county. By the will of Dennis O’Byrne, who died in 1842, the testator directed that his real estate should remain in the possession of his wife, with power to manage it in her discretion, for her own support, and the education aud maintenance of his children, until his son, Terrence, should attain the age of twenty-one years,- unless his wife should sooner die, marry, or his executors should think the interests of his children required a separation from their mother, in either of which events they were directed to sell his stock,…
1Opinion of the CourtTuck, J.
We are of opinion, that the present appeal must be determined according to the doctrines set forth in the cases of Spence vs. Robins, 6 G. & J., 507, and Snively vs. Beavans, 1 Md. Rep., 208, according to which, to defeat bequests of this kind, it must appear, from the nature and circumstances of the case, that the time of payment was made the substance of the gift, and that the testator meant that time as the period when the legacy should vest. Our only office, therefore, is to ascertain whether, by this will, the testator postponed the satisfaction of the legacy on account of the…
2Cases cited2 opinions
- Snively v. BeavansCourt of Appeals of Maryland · 1851
- Spence v. RobinsCourt of Appeals of Maryland · 1834
3Cited by2 opinions
- Tayloe v. MosherCourt of Appeals of Maryland · 1868
- Plaenker v. SmithCourt of Appeals of Maryland · 1902