Hitch v. Davis
High Court of Chancery of Maryland
[Solomon Betts devised by his will his country-place, containing about fifty acres, situated within the limits of the city of Baltimore, to his wife and Jacob G-. Davis, in trust for the separate use of his daughter, Sarah Hitch, during her natural life, and after her death then for the separate use of his granddaughter, Augusta Hitch, daughter of the said Sarah, during her natural life, and after her death for the use and behoof of the lawful issue of the said Augusta, and…
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[Solomon Betts devised by his will his country-place, containing about fifty acres, situated within the limits of the city of Baltimore, to his wife and Jacob G-. Davis, in trust for the separate use of his daughter, Sarah Hitch, during her natural life, and after her death then for the separate use of his granddaughter, Augusta Hitch, daughter of the said Sarah, during her natural life, and after her death for the use and behoof of the lawful issue of the said Augusta, and for the heirs and assigns of such issue for ever, if any child or descendant of hers there be living at the time of her…
1Opinion of the Court
The Chancellor :
This bill is founded upon the provisions of the Act of 1831, ch. 311, and it is supposed, and I think correctly, that the 5th section of the Act applies to the circumstances of the case, and would authorize the Court in decreeing the relief prayed, if by the pleadings and proofs it appeared that it would be for the interest and advantage of the parties to do so.
I do not concur in the vieAV taken by the counsel for Mrs. Davis and Solomon B. Davis, that the party who applies to the Court to order a demise under this section of the law, must be the tenant in possession. The…
2Cited by1 opinion
- McRae v. McRaeCourt of Appeals of Maryland · 1893