Legal Opinion

Zimmerman v. Fraley

Court of Appeals of Maryland

Decided May 3, 1889PublishedCited by 21 opinions

Appeal from the Circuit Court for Frederick County, in Equity. The case is stated in the opinion of the Court. The decree appointing Joshua J. Zimmerman, trustee, provides that he he “appointed trustee in the place and stead of John Zimmerman of John, deceased, to carry out, execute, and complete the trust created hy the ■will of Nicholas Holtz, deceased, in favor of Mary Ann E. Fraley,” &c.

1Opinion of the CourtMcSherry, J.

Mcholas Holtz by his will bequeathed a share of his estate to John Zimmerman of John and his heirs in *566trust, “to he by him invested for the separate use of” Mary A. Eraley, in such manner as the trustee might deem advisable, and in further trust to pay over the income to her during her life. The testator directed the trust estate, upon Mrs. Fraley’s death, “to be paid to” her “heirs entitled by law to the same.” Zimmerman accepted the trust and some years after-wards died. Thereupon his executors filed a petition on the equity side of the Circuit Court for Frederick County asking the…

2Cases cited3 opinions

  1. Gray v. LynchCourt of Appeals of Maryland · 1849
  2. Ringgold v. RinggoldCourt of Appeals of Maryland · 1826
  3. Case of Bonsall's AppealSupreme Court of Pennsylvania · 1829

3Cited by21 opinions

  1. Tucker v. BrownWashington Supreme Court · 1944
  2. White v. ShermanIllinois Supreme Court · 1897
  3. Manufacturers Trust Co. v. KelbyCourt of Appeals for the Second Circuit · 1942
  4. In Re LeuppNew Jersey Court of Chancery · 1931
  5. Madden v. Mercantile-Safe Deposit & Trust Co.Court of Special Appeals of Maryland · 1975

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