Wallis v. Woodland
Court of Appeals of Maryland
Appeal from the Circuit Court for Kent County. This was an action of ejectment brought against the appellant by the lessee of the appellees, to recover an undivided .moiety of a tract of land called “Darnell’s Far in,” lying in Kent county, and containing one hundred and seventy-five acres. The usual consent rule was entered into; plea not guilty, and issue joined thereon. There was an agreed statement of facts.
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Appeal from the Circuit Court for Kent County. This was an action of ejectment brought against the appellant by the lessee of the appellees, to recover an undivided .moiety of a tract of land called “Darnell’s Far in,” lying in Kent county, and containing one hundred and seventy-five acres. The usual consent rule was entered into; plea not guilty, and issue joined thereon. There was an agreed statement of facts. A pro forma judgment Avas entered for the plaintiff, and the defendant thereupon appealed. The only question in the case arose as to the conskuction of the will of John Mason, who…
1Opinion of the CourtAlvey, J.
The will that gives rise to the question in this case, was executed in 1826, and admitted to probate in 1829; and in it is the following devise to the daughter of the testator, his only child:
*104“1 give and bequeath to my daughter, Mary Matilda Mason, all and singular the property, real and personal, that I now possess, to her and her heirs forever, except my negro man, Thomas, and my negro woman, Ann, who, it is my will that Thomas should serve four years and Ann seven years after my death. Also the children, Elizabeth, George and Jarvis, should each of them be free when they arrive at the age…
2Cases cited3 opinions
- Roe v. DoeCourt of Appeals of Maryland · 1864
- Budd v. State ex rel. PoseyCourt of Appeals of Maryland · 1864
- Woodland v. WallisCourt of Appeals of Maryland · 1854
3Cited by3 opinions
- Pennington v. PenningtonCourt of Appeals of Maryland · 1889
- Hughes v. NicklasCourt of Appeals of Maryland · 1889
- Doe v. SussanCourt of Appeals of Maryland · 1870