Shreve v. Shreve
Court of Appeals of Maryland
Appeal from the Circuit Court for Frederick County, in Equity. The case is stated in the opinion of the Court. If tbe rule in Sbelley’s case applies to this will, the first devisees took estates in tail, which estates in Maryland, are converted into estates in fee-simple.
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Appeal from the Circuit Court for Frederick County, in Equity. The case is stated in the opinion of the Court. If tbe rule in Sbelley’s case applies to this will, the first devisees took estates in tail, which estates in Maryland, are converted into estates in fee-simple. And the devisees, being right heirs of the testatrix, and taking the same interest under the will as they would have taken if there had been no will, they are in, by the superior title, as heirs and not as devisees, by descent and not by purchase. Does the rule in Shelley’s case apply-to this will ? It is not an unbending…
1Opinion of the Court
Miller, J.,
delivered the opinion of the Court...The record in this case shows that Mrs. Mary E. Shreve died in 1855, leaving a will duly executed to pass real estate, which contains this clause:
“I give, devise, and bequeath all my lands, tenements and hereditaments, lying in the States of Maryland or Virginia, or either of them, to my children, namely: Daniel T. Shreve, Benjamin F Shreve, Charles W. Shreve, Thomas J. Shreve, Mary E. Shreve, Ann Olivia 'Shreve and Arthur B. Shreve, for and during their natural lives, to be equally divided between them, and on the death of said children, or…
2Cases cited7 opinions
- Downin v. SprecherCourt of Appeals of Maryland · 1872
- Gibbs v. GaleCourt of Appeals of Maryland · 1854
- Horne v. LyethCourt of Appeals of Maryland · 1818
- Simpers v. SimpersCourt of Appeals of Maryland · 1860
- Chelton v. HendersonCourt of Appeals of Maryland · 1850
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3Cited by27 opinions
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- Long v. LongCourt of Appeals of Maryland · 1884
- Phoenix Pad Manufacturing Co. v. RothCourt of Appeals of Maryland · 1916
- Cowman v. ClassenCourt of Appeals of Maryland · 1929
- Suman v. HarveyCourt of Appeals of Maryland · 1911
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