Legal Opinion

Russell v. Werntz

Court of Appeals of Maryland

Decided June 29, 1898PublishedCited by 16 opinions

Appeal from a decree of the Circuit Court for Anne Arundel County (Jones, J.) dismissing the appellant’s bill for specific performance of a contract of purchase made by the appellee.

1Opinion of the CourtPage, J.

Jesse Russell, being seized and possessed of real and personal property, died in the year 1894. He left a will, in which, after providing for debts and funeral expenses, he makes “ distribution ” of his estate by two paragraphs : first, he bequeaths to his son George W. Russell, the sum of $800, to be paid out of a certain policy of life insurance; the second is as follows:

“ Item second. I bequeath unto my present wife, Virginia Russell, all the residue of my estate, including all my property, both real, personal or mixed, to have and to hold and dispose off (sic) as she may see fit, while…

2Cases cited6 opinions

  1. Smith T. v. BellSupreme Court of the United States · 1832
  2. Brant v. Virginia Coal & Iron Co.Supreme Court of the United States · 1876
  3. Benesch v. ClarkCourt of Appeals of Maryland · 1878
  4. Foos v. ScarfCourt of Appeals of Maryland · 1881
  5. Clark v. Tennison ex rel. BrowningCourt of Appeals of Maryland · 1870

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3Cited by16 opinions

  1. In Re Bauernschmidt's EstateCourt of Appeals of Maryland · 1903
  2. Roberts v. RobertsCourt of Appeals of Maryland · 1905
  3. Gaver v. GaverCourt of Appeals of Maryland · 1939
  4. Herring v. WilliamsSupreme Court of North Carolina · 1911
  5. Beranek v. CaccimaiciCourt of Appeals of Maryland · 1929

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