McChesney v. Bruce
Court of Appeals of Maryland
Appeal from Allegany county court, sitting as a court of equity. The bill in this case was filed by the appellants, claiming to be among the heirs of one Helen Bruce. It alleged that the said Helen Bruce was dead, and at the time of her death was seized of a large real estate, of which she died intestate, although she made a will, and it asked a decree for the sale thereof.
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Appeal from Allegany county court, sitting as a court of equity. The bill in this case was filed by the appellants, claiming to be among the heirs of one Helen Bruce. It alleged that the said Helen Bruce was dead, and at the time of her death was seized of a large real estate, of which she died intestate, although she made a will, and it asked a decree for the sale thereof. The bill was filed against others who were heirs, and some of whom claimed the land under the will of said Helen. Some of the defendants demurred to the bill, and as the demurrer was sustained by the court below, it is…
1Opinion of the Court
Mason J.,
delivered the opinion of this court.
The question involved in this case, in our opinion has been settled by the Court of Appeals, in the case of Walters vs. Walters, 3 Har. and John., 201, which decision was after-wards recognised and sanctioned by Chief Justice Buchanan, in Bell, vs. Holmes 6 Har. and John., 228. Although in the former case, that part of the court’s opinion which related to the clause in the will, resembling the one now before us, was lost, still it will be found on an examination of the case, that the question whether the terms “remainder of my estate,” were to be…
2Cited by3 opinions
- Smithers v. HooperCourt of Appeals of Maryland · 1865
- Cole v. EnsorCourt of Appeals of Maryland · 1853
- Rea v. TwilleyCourt of Appeals of Maryland · 1872