Legal Opinion

Turner v. Withers

Court of Appeals of Maryland

Decided April 28, 1865PublishedCited by 19 opinions

Ceoss-Appeals from the Equity Side of the Circuit Court for Baltimore county. The hill of complaint in this case was filed hy James Turner and others against Charlotte Withers and others. The questions involved arise upon the construction of the will of James Calder, late of Baltimore county. The allegations of the bill, the material portions of the will and the facts of the case sufficiently appear from the opinion of this Court.

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Ceoss-Appeals from the Equity Side of the Circuit Court for Baltimore county. The hill of complaint in this case was filed hy James Turner and others against Charlotte Withers and others. The questions involved arise upon the construction of the will of James Calder, late of Baltimore county. The allegations of the bill, the material portions of the will and the facts of the case sufficiently appear from the opinion of this Court. The will was duly attested hy three witnesses. The testator died in September 1808, and the will was admitted to probate in the same month. The Judge of the Circuit…

1Opinion of the CourtBartol, J.

James Oalder, late of Baltimore county, died in the year 1808, leaving a last will and testament, executed on the 14th day of May 1807. This will was duly attested, so as to pass real estate. Those parts of the will, upon the construction of which the decision of these appeals depends, are as follows:

i£I give and bequeath unto my wife, Margaret Calder, the one-sixth part of the rents and profits of all my lands during her life, in six equal parts to be divided, and the one equal sixth part of all my personal estate, after my debts and funeral expenses are paid, according to an agreement made…

2Cases cited2 opinions

  1. President of the Michigan State Bank v. HastingsMichigan Supreme Court · 1844
  2. Hoxton v. ArcherCourt of Appeals of Maryland · 1831

3Cited by19 opinions

  1. Demill v. ReidCourt of Appeals of Maryland · 1889
  2. Slingluff v. JohnsCourt of Appeals of Maryland · 1898
  3. Marshall v. Safe Deposit & Trust Co.Court of Appeals of Maryland · 1905
  4. Wilson v. BullCourt of Appeals of Maryland · 1903
  5. Anderson v. BrownCourt of Appeals of Maryland · 1896

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