Legal Opinion

Stein v. Stein

Court of Appeals of Maryland

Decided December 19, 1894PublishedCited by 4 opinions

Appeal from a pro forma decree of Circuit Court No. 2, of Baltimore City, by which it was ■ adjudged that upon the sale of the property described in the case stated, with or without the consent of Annie Stein, widow, she should be entitled to one-third of the income derived from the proceeds of sale in lieu of dower in said property. The case is stated in the opinion of the Court.

1Opinion of the CourtMcSherry, J.

This is an appeal from a pro forma decree passed in a special case stated under rule forty-seven of the General Equity Rules. The facts are these: Annie Stein has a dower interest in certain property, which property was directed by the will of her deceased husband to be divided into four equal parts that were then given in trust for the testator’s children. This property cannot be divided, and the widow’s dower cannot be laid off. To carry out the provisions of the will, a sale and a division of the proceeds is necessary. The questions which the Court is asked to determine are: Can the…

2Cases cited2 opinions

  1. Owens v. CrowCourt of Appeals of Maryland · 1884
  2. Maccubbin v. CromwellCourt of Appeals of Maryland · 1828

3Cited by4 opinions

  1. Murphy v. PennimanCourt of Appeals of Maryland · 1907
  2. Loney v. LoneyCourt of Appeals of Maryland · 1898
  3. Noel v. NoelCourt of Appeals of Maryland · 1937
  4. Roth v. RothCourt of Appeals of Maryland · 1924

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