Joynes v. Hamilton
Court of Appeals of Maryland
Appeal from Circuit Court No. 2, of Baltimore City (Dobler„ J.) 1. The part of the testator’s property, of which the appellants, his granddaughters; by the eighth clause of the will, are to have the benefit is the Franklin street lot. But they are not to have the lot itself. The direction to the executors is peremptory, to "sell or lease the same and deposit the net proceeds in bank or invest the same for the beneñt of my said grandchildren, Evelyn and Julia Joynes.”
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Appeal from Circuit Court No. 2, of Baltimore City (Dobler„ J.) 1. The part of the testator’s property, of which the appellants, his granddaughters; by the eighth clause of the will, are to have the benefit is the Franklin street lot. But they are not to have the lot itself. The direction to the executors is peremptory, to "sell or lease the same and deposit the net proceeds in bank or invest the same for the beneñt of my said grandchildren, Evelyn and Julia Joynes.” Where a man directs land to be sold and converted into money, the land by the will itself is so converted, and is considered in…
1Opinion of the CourtBriscoe, J.
This is a special case stated under the 47th general equity rule, for the construction of the last will and testament and codicil thereto, of William Hamilton, late of Baltimore City, deceased.
The facts to enable the Court to decide the questions submitted and raised on the record, briefly stated, are these.
Mr. Hamilton departed this life on the 15th day of November, 1902, owning real and personal estate of the aggegate value of fifty thousand dollars, and leaving a last will and testament dated the second day of July, 1890. A codicil was made to the will, and bears date, the 16th day of…
2Cases cited7 opinions
- Littig v. HanceCourt of Appeals of Maryland · 1895
- Heirs of Wright v. MinshallIllinois Supreme Court · 1874
- Frick v. FrickCourt of Appeals of Maryland · 1895
- Johns Hopkins University v. PinckneyCourt of Appeals of Maryland · 1881
- Nooe v. . VannoySupreme Court of North Carolina · 1861
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Gardner v. McNealCourt of Appeals of Maryland · 1911
- Elwyn v. De GarmendiaCourt of Appeals of Maryland · 1925
- Hamilton v. TrundleCourt of Appeals of Maryland · 1905
- Seifert v. Kepner & Central Trust Capital BankCourt of Appeals of Maryland · 1962
- Rabe v. McAllisterCourt of Appeals of Maryland · 1939
1 more not listed; retrieve them via the Exa API.