Hammett v. Hammett
Court of Appeals of Maryland
Appeal from the Circuit • Court for Baltimore County, in Equity. The appeal in this case involves the construction of the will of Robert H. Hammett, made and admitted to probate in the year 1850, and the terms of which are set forth in the opinion of this Court. The widow of the. testator married again. His only children, Jesse E. and James R., are of age, and are married, and have children.
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Appeal from the Circuit • Court for Baltimore County, in Equity. The appeal in this case involves the construction of the will of Robert H. Hammett, made and admitted to probate in the year 1850, and the terms of which are set forth in the opinion of this Court. The widow of the. testator married again. His only children, Jesse E. and James R., are of age, and are married, and have children. The bill in this case, was filed by James R. Hammett against his brother Jesse E. Hammett, to, procure a sale of certain real estate devised under said will, for the purpose of partition. A decree for a…
1Opinion of the CourtStewart, J.
This case involves the construction of the following clauses in the will of Robert II. Hammett:
“I desire that my’half of all the property, real and personal, held jointly by my brother Jesse and myself, shall be for the use of my wife during the time she shall remain my widow, for the support of herself and children.”
“If she should marry again, I devise the same to my two children equally, and should one of them die, the property to go to the survivor, and in the event of the decease of both, then the property to go to my brother Jesse and his children, or the next of kin.”
According to' the…
2Cases cited3 opinions
- Ridgely v. BondCourt of Appeals of Maryland · 1862
- Dorsey v. DorseyCourt of Appeals of Maryland · 1856
- Hill's Lessee v. HillCourt of Appeals of Maryland · 1833
3Cited by10 opinions
- Fairfax v. BrownCourt of Appeals of Maryland · 1883
- Lumpkin v. LumpkinCourt of Appeals of Maryland · 1908
- In re Banks' WillCourt of Appeals of Maryland · 1898
- Booth v. EberlyCourt of Appeals of Maryland · 1914
- Duering v. BrillCourt of Appeals of Maryland · 1915
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