Clagett v. Hall
Court of Appeals of Maryland
Appeal from the court of Chancery. Joseph W. Clagett, of Prince George’s county, by his last will and testament, executed on the 17th April, 1828, and admitted to probat on the 1st May, 1830, declared among other matters as follows: “ It is my will and desire, and I do hereby will and direct that the whole of my estate, both real and personal, be kept together by my executors, until all my just and lawful debts, funeral expenses and cost of administration- are fully paid and…
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Appeal from the court of Chancery. Joseph W. Clagett, of Prince George’s county, by his last will and testament, executed on the 17th April, 1828, and admitted to probat on the 1st May, 1830, declared among other matters as follows: “ It is my will and desire, and I do hereby will and direct that the whole of my estate, both real and personal, be kept together by my executors, until all my just and lawful debts, funeral expenses and cost of administration- are fully paid and satisfied.” The testator then devised in fee to his son, William D. Clagett, the land on which “ I now reside and all…
1Opinion of the CourtDorsey, Judge
The first reason assigned by the appellants for the reversal of this decree is, that the appellees nor either of them can derive any benefit from the alleged trust in-the will of Joseph W. Clagett until his debts are paid, which is neither alleged or proved. As far as this objection rests upon the imputation of defective- allegations in the bill, it does not appear to be sustained. If all the matters charged in the bill were true, it would not be requisite to entitle the appellees to the relief sought either to allege or prove the non-payment of the debts of the testator. The appellees charge…
2Cited by7 opinions
- Williams v. BanksCourt of Appeals of Maryland · 1857
- Koogle v. ClineCourt of Appeals of Maryland · 1909
- Comegys v. ClarkeCourt of Appeals of Maryland · 1876
- Benscotter v. GreenCourt of Appeals of Maryland · 1883
- Anderson v. TydingsHigh Court of Chancery of Maryland · 1852
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