Legal Opinion

Janney v. Sprigg

Court of Appeals of Maryland

Decided December 15, 1848PublishedCited by 7 opinions

Appeal from Allegany county court. On the 16th of June 1846, the appellee, as administrator d. b. n., c. t. a. of Sarah Lamar, deceased, instituted an action of replevin in Allegany county court, against the appellant, to recover a certain negro slave, named Ellen, and her two children, described in the writ. The defendant pleaded property in himself.

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Appeal from Allegany county court. On the 16th of June 1846, the appellee, as administrator d. b. n., c. t. a. of Sarah Lamar, deceased, instituted an action of replevin in Allegany county court, against the appellant, to recover a certain negro slave, named Ellen, and her two children, described in the writ. The defendant pleaded property in himself. At the trial, the plaintiff to support the issue on his part, offered in evidence the last will and testament of Sarah Lamar, deceased, executed on the 18th of March 1839, and admitted to probate on the 23rd of October 1839; whereby, after…

1Opinion of the CourtDorset, C. J.

There is but one question for our determination in this case, and that arises on the construction of the last will and testament of Sarah Lamar.

By which, after giving an annuity of thirty dollars a year to another person for life, the testatrix devises and bequeaths to her beloved niece, Mary Tilghman, all her real and personal estate of every description; and after directing her executor to convert all her personal estate into money, and to lend out the same at interest on good security, or invest it in good bank or other stocks, she directed the interest or dividends annually accruing…

2Cases cited1 opinion

  1. Jackson ex dem. Burhans v. BlanshanNew York Supreme Court · 1810

3Cited by7 opinions

  1. Sears v. ChildsMassachusetts Supreme Judicial Court · 1941
  2. Harris v. ParkerSupreme Court of Alabama · 1868
  3. Hebden v. KeimCourt of Appeals of Maryland · 1950
  4. Whitehill v. ThiessCourt of Appeals of Maryland · 1932
  5. George v. Farmers' & Merchants' National BankCourt of Appeals of Maryland · 1928

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