Legal Opinion

Meyer v. Eisler

Court of Appeals of Maryland

Decided May 28, 1868PublishedCited by 10 opinions

Appeal from the Circuit Court of Baltimore City : The bill in this case was filed by the appellants on the 7th of December, 1864, to procure a division of the estate of Godfrey Meyer, deceased, according to the terms of his will, and a construction of the same, in so far as it affected the claim of the appellee, John Rose, the surviving husband .of the testator’s daughter Elizabeth.

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Appeal from the Circuit Court of Baltimore City : The bill in this case was filed by the appellants on the 7th of December, 1864, to procure a division of the estate of Godfrey Meyer, deceased, according to the terms of his will, and a construction of the same, in so far as it affected the claim of the appellee, John Rose, the surviving husband .of the testator’s daughter Elizabeth. The testator, by his last will and testament, dated the 16th of June, 1846, after making certain bequests and legacies, gave all the rest, residue and Remainder of his estate, real and personal to his wife, Ann…

1Opinion of the CourtBartol, C. J.

The decision of this appeal turns upon the true construction of the residuary clause of Godfrey Meyer’s will. The testator died in July, 1848; Elizabeth, one of his children, married John Rose, the appellee, and died in September, 1861, before Clorinda, the youngest child by the second marriage attained the age of twenty years, which did not happen till December, 1863. The whole contest in the case, is as to the rights of John Rose as surviving husband of Elizabeth ; and presents the question whether under the residuary clause of the will, the children took a vested interest in the property…

2Cases cited2 opinions

  1. Snively v. BeavansCourt of Appeals of Maryland · 1851
  2. Waters v. WatersCourt of Appeals of Maryland · 1866

3Cited by10 opinions

  1. Toms v. WilliamsMichigan Supreme Court · 1879
  2. Larmour v. RichCourt of Appeals of Maryland · 1889
  3. Roberts v. RobertsCourt of Appeals of Maryland · 1905
  4. Lumpkin v. LumpkinCourt of Appeals of Maryland · 1908
  5. Small v. SmallCourt of Appeals of Maryland · 1900

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