Kopp v. Herrman
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. Peter Herrman, being then the owner of the leasehold prop erty in question in this case, died in the year i860, leaving a widow, Catherine, and two infant children, Conrad and Elizabeth. Under the residuary clause of his will this property was devised to the widow for life, provided she did not remarry, with remainder over to the two children in equal shares, no provision being made for the contingency of remarriage.
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Appeal from the Circuit Court of Baltimore City. Peter Herrman, being then the owner of the leasehold prop erty in question in this case, died in the year i860, leaving a widow, Catherine, and two infant children, Conrad and Elizabeth. Under the residuary clause of his will this property was devised to the widow for life, provided she did not remarry, with remainder over to the two children in equal shares, no provision being made for the contingency of remarriage. Letters testamentary were granted to her on February 15th, i860. She filed an inventory of the decedent’s estate on the 13th day…
1Opinion of the CourtBryan, J.
Peter Herman died in the year i860. By his last will and testament he bequeathed to his son Conrad and to his daughter Elizabeth five hundred dollars each, to be paid to them by his executrix or her successor, when they should respectively reach the age of twenty-one years ; and he declared that these bequests should (as it was expressed) be reserved and appropriated out of the rents and profits accruing from his leasehold and fee-simple property. He devised and bequeathed to his wife all the rest and residue of his property, real and personal, for life, if she should so long remain…
2Cases cited2 opinions
- Hoye v. SwanCourt of Appeals of Maryland · 1853
- Glenn v. SpryCourt of Appeals of Maryland · 1853
3Cited by4 opinions
- Crean v. McMahonCourt of Appeals of Maryland · 1907
- Erdman v. CorseCourt of Appeals of Maryland · 1898
- Griffin v. ReynoldsCourt of Appeals of Texas · 1937
- Miller v. MillerAppellate Court of Illinois · 1924