Walters v. Walters
Court of Appeals of Maryland
Appeal from Queen-Anne's County Court. This was an action of ejectment, brought by the plaiuiiff below, (now appellant,) to recover a tract of land called Dundee. The defendant (now appellee,) took defence on warrant, and plots were made.
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Appeal from Queen-Anne's County Court. This was an action of ejectment, brought by the plaiuiiff below, (now appellant,) to recover a tract of land called Dundee. The defendant (now appellee,) took defence on warrant, and plots were made. At the trial the plaintiff read in evidence a patent for the tract of land called Dundee., granted to Robert Walters On the 18th of March 1746. He also read in evidence a copy, under seal, of the will of Robert Wallers, the patentee of the said land, dated the 14th of January, 1763. The parts of the will which are material are these: ‘•'■and as for my…
1Opinion of the Court
Chase, Ch. J.
delivered the following opinion, which was concurred in by the other judges. I am of opinion that John Walters, under the will of his father Robert Walters, took only an estate for life in the lands in question. The devise to John is general, without words of limitation or perpetuity, and there are no words in the will connected with the devise to John, or relating to the *205subject matter of it, denoting an intention in the testator to create a greater estate fimo for lire. The introductory clause, although it manifests an intention in the testator to dispose of the whole of his…
2Cited by3 opinions
- Citizens' National Bank v. SharpCourt of Appeals of Maryland · 1880
- Smithers v. HooperCourt of Appeals of Maryland · 1865
- Rea v. TwilleyCourt of Appeals of Maryland · 1872