Deford v. Deford
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. The bill in this case was filed by Catharine A. Webb and Benjamin F. Deford, children of the late Benjamin Deford, and executors under his will, and by John D. Kremelberg, as father, guardian and next friend of his three children, grand-children of the testator, against the appellants, Harriet B. Deford and Ella Y. Deford, also grand-cliildren of the testator, and others.
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Appeal from the Circuit Court of Baltimore City. The bill in this case was filed by Catharine A. Webb and Benjamin F. Deford, children of the late Benjamin Deford, and executors under his will, and by John D. Kremelberg, as father, guardian and next friend of his three children, grand-children of the testator, against the appellants, Harriet B. Deford and Ella Y. Deford, also grand-cliildren of the testator, and others. The bill charged that a doubt had arisen whether the seventh clause of the testator’s will had not created, or attempted to create, a perpetuity contrary to law; by which…
1Opinion of the CourtMiller, J.
The decree below declares the seventh clause of the will of Benjamin Deford void and inoperative, because it infringes the rule against perpetuities. This part of the decree cannot be reversed without overruling the decision in Barnum’s Case, 26 Md., 119.
The testator commences this clause of his will by declaring, “WhereasT have now a number of grand-daughters and may have many more, and believe I will confer more good on my family by making proper provisions for my said granddaughters than by any other disposition of my property,” and he therefore “gives, devises and bequeaths, certain…
2Cases cited3 opinions
- Barnum v. BarnumCourt of Appeals of Maryland · 1866
- Tongue's Lessee v. NutwellCourt of Appeals of Maryland · 1859
- Cox v. HarrisCourt of Appeals of Maryland · 1861
3Cited by14 opinions
- Anderson v. MenefeeCourt of Appeals of Texas · 1915
- Graham v. WhitridgeCourt of Appeals of Maryland · 1904
- Heald v. HealdCourt of Appeals of Maryland · 1881
- Church Extension of the Methodist Episcopal Church v. Smith ex rel. GuerkeCourt of Appeals of Maryland · 1881
- Leatherwood v. StephensTexas Commission of Appeals · 1930
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