Legal Opinion

Cunningham v. Spickler

Court of Appeals of Maryland

Decided December 15, 1846PublishedCited by 1 opinion

Appeal from the Equity side of Washington county court. The bill in this cause was filed on the 29th January 1S44, by the' appellants against the appellees, for the sale of the real property of which Samuel Spickler died seized. The several defendants answered the bill, and proof was taken; on the 6th February 1844, the land was decreed to be sold; the sale was made, reported and ratified.

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Appeal from the Equity side of Washington county court. The bill in this cause was filed on the 29th January 1S44, by the' appellants against the appellees, for the sale of the real property of which Samuel Spickler died seized. The several defendants answered the bill, and proof was taken; on the 6th February 1844, the land was decreed to be sold; the sale was made, reported and ratified. The cause was then referred to the auditor for a distribution of the proceeds, allowing to the several parties the proportions thereof to which they are respectively entitled. The will of Samuel Spickler,…

1Opinion of the CourtSpence, J.

This is an appeal from the equity side of Washington county court, overruling exceptions to, and finally ratifying, the account and statement of the auditor.

The subject of review, is the construction of the will of Smnuel Stickler, and is presented by the eleventh and twelfth clauses of that instrument, which are as follows:

“It is my will, and I do hereby order and direct, that five years after my decease, my sons, John, Samuel and Jacob, pay to my son Martin, and my daughter, Elizabeth Sleigh, the sum of one hundred and eighty dollars, that is, ninety dollars to each,- and to be paid by them…

2Cited by1 opinion

  1. Brumbaugh v. State ex rel. SchleighCourt of Appeals of Maryland · 1880

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