State ex rel. Gaither v. Gaither
Court of Appeals of Maryland
Appeal .from Frederick County Court. This was an action of debt, commenced by the appellant on the 19th of October 1836, against the appellee, on his testamentary bond as executor of Stuart Gaither, deceased, dated the 25th November 1834. To the declaration the defenddant pleaded performance generally.
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Appeal .from Frederick County Court. This was an action of debt, commenced by the appellant on the 19th of October 1836, against the appellee, on his testamentary bond as executor of Stuart Gaither, deceased, dated the 25th November 1834. To the declaration the defenddant pleaded performance generally. And the plaintiff replied, assigning for breach, that the said Stuart Gaither did in his life time, to wit, on the 18th day of May 1833, make, and in due form of law sign and execute" his last will and testament in writing, in the words, letters and figures following, to wit, (here insert will…
1Opinion of the CourtStehen, J.
This suit was instituted by the plaintiff against the defendant, as executor of Stuart Gaither, to recover her distributive share of her husband’s estate. The suit was brought upon the testamentary bond; the defendant pleaded performance; and the plaintiff set out her cause of action in the replication, which contains two breaches; the first of which only requires the attention of this court. In that breach she charges, that she as the widow of Stuart Gaither, was entitled to one-third part of his personal estate, which remained after the payment of all debts and charges in the settlement of…
2Cited by1 opinion
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