Fulton v. Harman
Court of Appeals of Maryland
Appeal from the Circuit Court for Frederick County, in Equity. The amended bill of complaint in this case, filed by the appellees, charged that they had theretofore filed their hill of complaint in the Circuit Court for Frederick County, in equity, against a certain Joseph Fulton, Daniel J. Snook and Henry Metcalfe, for the appointment of a trustee in the place and stead of George Harman, deceased, and Christian Harman, who declined to make sale of certain real estate…
Read the full summary
Appeal from the Circuit Court for Frederick County, in Equity. The amended bill of complaint in this case, filed by the appellees, charged that they had theretofore filed their hill of complaint in the Circuit Court for Frederick County, in equity, against a certain Joseph Fulton, Daniel J. Snook and Henry Metcalfe, for the appointment of a trustee in the place and stead of George Harman, deceased, and Christian Harman, who declined to make sale of certain real estate therein specified, as devised and bequeathed by a certain Christian Harman, deceased, to his wife, Mary, for her life, and on…
1Opinion of the CourtAlvey, J.
In disposing of this case, upon the record as now before us, three questions are presented :
1. Whether George Harman took a fee-simple estate in the land in controversy, under the will of his father, Christian Harman ; and if he did not,—
2. Whether a trustee or trustees should he appointed to sell such land for the benefit of those entitled in remainder under the will; and,
3. Whether it was proper to grant an injunction to stay destructive trespass on the land until it could he sold foi1 the benefit of those entitled to the proceeds of sale.
1. By the will under consideration, the testator…
2Cases cited5 opinions
- David Shriver Junior's Lessee v. Mary LynnSupreme Court of the United States · 1844
- Shipley v. RitterCourt of Appeals of Maryland · 1855
- Horne v. LyethCourt of Appeals of Maryland · 1818
- Cassilly v. MeyerCourt of Appeals of Maryland · 1853
- Lyles v. Digges's LesseeCourt of Appeals of Maryland · 1824
3Cited by22 opinions
- De Vaughn v. HutchinsonSupreme Court of the United States · 1897
- Freer v. DavisWest Virginia Supreme Court · 1902
- Camp v. Dixon, Mitchell & Co.Supreme Court of Georgia · 1901
- Reilly v. BristowCourt of Appeals of Maryland · 1907
- Sloan v. Safe Deposit & Trust Co.Court of Appeals of Maryland · 1890
17 more not listed; retrieve them via the Exa API.