Venable v. Mercantile Trust & Deposit Co.
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. The case is stated iu the opinion of the Court. The cause was argued before Alvey, 0. J., Miller, Robinson, Irving, Bryan, Fowler, McSherry, and Briscoe, J., for the appellee, and submitted on brief for the appellant. The appellee had no authority to sell the house. The will by its terms imposed a trust on Louis C. Fischer to divide the residue of the estate; it did not confer a mere (discretionary) power to divide.
Read the full summary
Appeal from the Circuit Court of Baltimore City. The case is stated iu the opinion of the Court. The cause was argued before Alvey, 0. J., Miller, Robinson, Irving, Bryan, Fowler, McSherry, and Briscoe, J., for the appellee, and submitted on brief for the appellant. The appellee had no authority to sell the house. The will by its terms imposed a trust on Louis C. Fischer to divide the residue of the estate; it did not confer a mere (discretionary) power to divide. The phraseology is mandatory, it is a direction and not an authority. Lewin on Trusts, 600, 611-14, 839; Perry on Trusts, sec.…
1Opinion of the CourtBriscoe, J.
This is an amicable suit for the purpose of obtaining a construction of Art. 93, sec. 283, of the Code of Public General Laws, and to ascertain whether, under the powers of the will of a certain Eliza C. Gill, the admin*190istrator cum testamento annexo, lias authority to sell her real estate. The facts are admitted on hill and answer, and are these: Eliza 0. fKll of Baltimore City departed this life sometime in the year 1890, leaving a last will and testament, in which among other things, she disposes of the residue of her estate in the following manner: “It is my will that all the rest, residue…
2Cases cited3 opinions
- Keplinger v. MaccubbinCourt of Appeals of Maryland · 1882
- Wilcoxon v. ReeseCourt of Appeals of Maryland · 1885
- Dent v. MaddoxCourt of Appeals of Maryland · 1853
3Cited by3 opinions
- Bay v. PosnerCourt of Appeals of Maryland · 1893
- Green v. RussellMichigan Supreme Court · 1895
- Murray v. ConleyCourt of Appeals of Maryland · 1914