Matthews v. Turner
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. This was an action of ejectment brought by the appellees to recover a lot of ground, the leasehold interest in which was bequeathed to them and a certain Mary Beho, in the proportions of one-half to one of the plaintiffs for life, and one-half to the other of the said plaintiffs and said Mary Beho, share and share alike.
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Appeal from the Superior Court of Baltimore City. This was an action of ejectment brought by the appellees to recover a lot of ground, the leasehold interest in which was bequeathed to them and a certain Mary Beho, in the proportions of one-half to one of the plaintiffs for life, and one-half to the other of the said plaintiffs and said Mary Beho, share and share alike. First Exception. — At the trial the plaintiffs having offered in evidence the .will of the testatrix, and the papers showing title in the testatrix, then offered evidence tending to prove that on the 23rd of January, 1854,…
1Opinion of the CourtRobinson, J.
The main question in this appeal is whéther, in an action of ejectment by legatees to recover certain leasehold property specifically bequeathed to them, it is necessary to prove in addition to the probate of the will, and the grant of letters testamentary and the assent of the executor to the legacy, that the property was included in the inventory returned by the executors, and was distributed to the legatees by the order of the Orphans’ Court ?
There ought not to be any difficulty in determining this question. Upon the death of the testator his entire personal estate, including property…
2Cases cited1 opinion
- Magruder v. PeterCourt of Appeals of Maryland · 1832
3Cited by8 opinions
- Commissioner of Internal Revenue v. RobertsCourt of Appeals for the Fourth Circuit · 1953
- Crean v. McMahonCourt of Appeals of Maryland · 1907
- Sloan v. SloanCourt of Appeals of Maryland · 1912
- Wanex v. HurstCourt of Appeals of Maryland · 1947
- Hawks Warren v. CreswellWyoming Supreme Court · 1943
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