Mayo v. Bland
High Court of Chancery of Maryland
[The clause of the will of the late Chancellor Bland, which came under review in this case, are as follows: 1st. “I do hereby give and devise all my property, real and personal, of every description, except Bland Air, and the slaves, with their increase, which I derived in a course of distribution from my uncle, Thomas Fitzhugh, deceased, and the other personal property thereon, not slaves, and used with the same at the time of my death, and except the bequests hereinafter…
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[The clause of the will of the late Chancellor Bland, which came under review in this case, are as follows: 1st. “I do hereby give and devise all my property, real and personal, of every description, except Bland Air, and the slaves, with their increase, which I derived in a course of distribution from my uncle, Thomas Fitzhugh, deceased, and the other personal property thereon, not slaves, and used with the same at the time of my death, and except the bequests hereinafter mentioned, unto my wife during her natural life, confiding to her the care and maintenance of our son, should he so live…
1Opinion of the Court
The Chancellor:
Upon carefully reading the will of the late Chancellor Bland, and examining the authorities applicable to the subject, I am of opinion that the bequest to his wife in the first clause, is general and not specific, and the authorities are, in my judgment, equally clear to show that the bequest to his daughter in the second clause is specific.
The cases which are collected and reviewed by Mr. Roper in his treatise on the law of Legacies, at page 184, et seq. of the first volume, seems to me to be quite conclusive upon the subject. There may, perhaps, be more difficulty in…
2Cited by8 opinions
- In re the Estate of AnableNew York Surrogate's Court · 1931
- Bristol v. StumpCourt of Appeals of Maryland · 1920
- Conway v. SheaMassachusetts Supreme Judicial Court · 1933
- In re the Estate of JuilliardNew York Surrogate's Court · 1918
- Pinkston v. PinkstonCourt of Appeals of Texas · 1935
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