Legal Opinion

Wenzel v. Powder

Court of Appeals of Maryland

Decided November 30, 1904PublishedCited by 18 opinions

Appeal from the Circuit Court of Baltimore City (Dennis, J.) It is to be observed that Moses H. Powder did not intend to protect the property against the improvidence of his children, or to keep it from their creditors, for he gave the principal absolutely to them, in remainder.

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Appeal from the Circuit Court of Baltimore City (Dennis, J.) It is to be observed that Moses H. Powder did not intend to protect the property against the improvidence of his children, or to keep it from their creditors, for he gave the principal absolutely to them, in remainder. It does not appear that he desired to protect it from his own creditors, or that he had any creditors ; but the obvious purpose of the deed was to protect the property from his own improvidence ; to prevent himself from spending the principal, and thus have the income for the support of himself and wife during their…

1Opinion of the CourtMcSherry, C. J.

The questions presented by the record now before us arise on a demurrer to a bill in equity which was filed by the appellant against the appellees, in the Circuit Court of Baltimore City. The demurrer was sustained and the bill was dismissed and from the decree so passed the pending appeal was taken. The facts, which it is necessary to state, are all set forth-in the bill and are, of course, not disputed. It appears that by a deed dated March 25th, 1881, duly executed and recorded, one Moses Hindes Powder conveyed all his property to himself as trustee, in trust to, for and upon the following…

2Cases cited8 opinions

  1. Smith v. TowersCourt of Appeals of Maryland · 1888
  2. Warner v. RiceCourt of Appeals of Maryland · 1887
  3. Brown v. MacgillCourt of Appeals of Maryland · 1898
  4. Slattery v. WasonMassachusetts Supreme Judicial Court · 1890
  5. Jackson Square Loan & Savings Ass'n v. BartlettCourt of Appeals of Maryland · 1902

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3Cited by18 opinions

  1. Croom v. Ocala Plumbing & Electric Co.Supreme Court of Florida · 1911
  2. Gray v. Union Trust Co.California Supreme Court · 1915
  3. Medwedeff v. FisherCourt of Appeals of Maryland · 1941
  4. Watterson v. EdgerlyCourt of Special Appeals of Maryland · 1978
  5. Lane v. Miller & Vidor Lumber Co.Court of Appeals of Texas · 1915

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