Legal Opinion

Doe, on the demise of Chamberlain v. Owings

Court of Appeals of Maryland

Decided April 14, 1869PublishedCited by 9 opinions

Appeal from the Circuit Court for Baltimore County. This was an action of ejectment brought on the 16th of August, 1867, by the appellants to recover from the appel-lees, certain real estate lying in Baltimore county.

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Appeal from the Circuit Court for Baltimore County. This was an action of ejectment brought on the 16th of August, 1867, by the appellants to recover from the appel-lees, certain real estate lying in Baltimore county. The property in controversy formerly belonged to Thomas Boone, who, by his last will and testament, dated the 6th of December, 1774, devised it to his son Richard; the testator died somewhere between the date of his will and the 10th of January, 1775. Richard, his son, died without issue, between the years 1780 and 1784, and this land descended to John Cockey Robert Burley…

1Opinion of the CourtGrasoN, J.

The question presented for the consideration of this Court upon this appeal, arises upon the construction of that clause in the -will of John C. E. B. Boone, which is in the following words: “ I give unto my daughter, Eleanor Parlot Boone, one-half of all my household stuff, wagon and horses, and all cattle, together with all farming utensils; likewise, one-half of all and everything that shall fall to me, the said John C. E. B. Boone, at my mother, Sarah Boone’s decease.” The question to be determined is whether Eleanor Parlot Boone took a fee or a life estate in one-half of that land which…

2Cases cited3 opinions

  1. Beall's Lessee v. HolmesCourt of Appeals of Maryland · 1824
  2. Dougherty v. Monett's LesseeCourt of Appeals of Maryland · 1833
  3. Burke v. Chamberlain's LesseeCourt of Appeals of Maryland · 1864

3Cited by9 opinions

  1. Ferguson v. . FergusonSupreme Court of North Carolina · 1945
  2. Frick v. FrickCourt of Appeals of Maryland · 1895
  3. Robinson v. RandolphSupreme Court of Florida · 1885
  4. Lyon v. Safe Deposit & Trust Co.Court of Appeals of Maryland · 1913
  5. Bourke v. BooneCourt of Appeals of Maryland · 1902

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