State Ex Rel. Morrow v. Fidelity & Deposit Co.
Court of Appeals of Maryland
Appeal from the Circuit Court for Cecil County. The case must be considered with reference to the provisions of the will of Benjamin C. Pearce, and the particular facts- and circumstances surrounding it.
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Appeal from the Circuit Court for Cecil County. The case must be considered with reference to the provisions of the will of Benjamin C. Pearce, and the particular facts- and circumstances surrounding it. The intention of the testator was, as clearly expressed in this will, that his estate-should be kept safely invested by his executor, it mattered. not in what securities, and that the income thereof should be paid to his wife during her natural life; thereby constituting whatever securities the executor might, from time to time, have and hold, continuing assets. The widow could receive her…
1Opinion of the CourtBriscoe, J.
This appeal is from a judgment in favor of the defendant upon a demurrer to the plaintiff’s declaration.
The suit was instituted by the plaintiff, as administrator d. b. n. c. t. a. of Benjamin C. Pearce’ late of Cecil County, against the defendant corporation as surviving obligor of John S. Wirt, deceased, to recover the sum of $13,515.72 alleged to have been converted and misappropriated by him, as executor, under the will of Benj. C. Pearce.
The facts are fully set forth and stated in the declaration, and for the purposes of the case are admitted by the demurrer to be true. Briefly stated…
2Cases cited5 opinions
- Stewart v. Firemen's InsuranceCourt of Appeals of Maryland · 1880
- Gardner v. SimmesCourt of Appeals of Maryland · 1843
- Booth v. TiernanSupreme Court of the United States · 1883
- Baker v. BowieCourt of Appeals of Maryland · 1891
- Richmond & Richmond v. De YoungCourt of Appeals of Maryland · 1830
3Cited by4 opinions
- Fulford v. FulfordCourt of Appeals of Maryland · 1927
- Michigan Trust Co. v. FerryCourt of Appeals for the Eighth Circuit · 1910
- Sydnor v. GravesCourt of Appeals of Maryland · 1913
- Lawson v. BurgeeCourt of Appeals of Maryland · 1913