Boyd v. Sachs
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. The case is stated in the opinion of the Court. Exception. — In the Court below, at the close of the testimony on both sides, the plaintiff offered the two-following prayers: 1. If the jury shall find from the evidence that Mary Jane Boyd was the daughter of Daniel McDonald, the elder, and the one mentioned by that name in his will, and that she afterwards died in 1864, having intermarried with the plaintiff, and that the…
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Appeal from the Superior Court of Baltimore City. The case is stated in the opinion of the Court. Exception. — In the Court below, at the close of the testimony on both sides, the plaintiff offered the two-following prayers: 1. If the jury shall find from the evidence that Mary Jane Boyd was the daughter of Daniel McDonald, the elder, and the one mentioned by that name in his will, and that she afterwards died in 1864, having intermarried with the plaintiff, and that the plaintiff is the Francis J. Boyd mentioned as her husband in her will offered in evidence; and further, that Jane McDonald,…
1Opinion of the CourtBryan, J.
The decisive question in this case depends upon the construction of a will. Daniel McDonald having executed his. last will and testament in such manner as to pass real estate, died in the year eighteen hundred and forty-five. In the determination of this case it is necessary to take into view every portion of the will, and we shall therefore quote the bequests and devises at large: “I give, devise, and bequeath all of my estate, of whatsoever kind or nature, to my beloved wife, for and during the term of her natural life, .provided that during the same time she continue a widow and unmarried.
“…
2Cases cited4 opinions
- Clark v. Tennison ex rel. BrowningCourt of Appeals of Maryland · 1870
- Mitchell v. MitchellCourt of Appeals of Maryland · 1844
- Glenn v. SpryCourt of Appeals of Maryland · 1853
- Snyder v. NesbittCourt of Appeals of Maryland · 1893
3Cited by9 opinions
- Randall v. RandallCourt of Appeals of Maryland · 1897
- In Re Rogers' Trust EstateCourt of Appeals of Maryland · 1903
- Cockey v. CockeyCourt of Appeals of Maryland · 1922
- Davis v. HilliardCourt of Appeals of Maryland · 1916
- Perin v. PerinCourt of Appeals of Maryland · 1921
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