Legal Opinion

Townshend v. Duncan

High Court of Chancery of Maryland

Decided October 6, 1826Published

This bill was filed on the 17th of August, 1826, by Perry Townshend and Anna Maria, his wife, against William J. B. Duncan, Caroline Duncan, who are infants, Joseph Robinson and Thomas Iglehart.

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This bill was filed on the 17th of August, 1826, by Perry Townshend and Anna Maria, his wife, against William J. B. Duncan, Caroline Duncan, who are infants, Joseph Robinson and Thomas Iglehart. The bill states, that William Duncan being seized and possessed of a considerable real and personal estate, on the 26th of December, 1818, made his last will, which, so far as concerns the matter in controversy, is as follows: CI give and devise unto my daughter Caroline Duncan, and my son William Joseph Bend Duncan, the plantation whereon I now dwell, consisting of several tracts, or parts of tracts…

1Opinion of the Court

Bland, Chancellor.

The defendants William J. B. Duncan and Caroline Duncan, and Joseph Robinson, having been returned summoned, and not having appeared, or filed their answers within the time allowed by the rules of the court, it is Decreed, that the plaintiffs are entitled to relief, but as it does not appear to what relief they are entitled, it is Ordered, that a commission issue to such person as the complainants may name to take testimony to ascertain to what they are entitled, (a)

The plaintiffs, by their petition, stated, that the defendant Thomas Iglehart, had died since the commencement…

2Cases cited3 opinions

  1. Darby's Lessee v. MayerSupreme Court of the United States · 1825
  2. Brodess v. ThompsonCourt of Appeals of Maryland · 1828
  3. Hay v. ConnerCourt of Appeals of Maryland · 1806

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