Legal Opinion

Eschbach v. Collins

Court of Appeals of Maryland

Decided March 26, 1884PublishedCited by 28 opinions

Appeals .from the Circuit Court of Baltimore City. The bill of complaint in this case was filed by Elizabeth H. Collins, and Bichard Bernard, administrators with the will annexed, and trustees under the will of John Eschbach, late of Baltimore City, deceased, for the purpose of obtaining a judicial construction of said will.

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Appeals .from the Circuit Court of Baltimore City. The bill of complaint in this case was filed by Elizabeth H. Collins, and Bichard Bernard, administrators with the will annexed, and trustees under the will of John Eschbach, late of Baltimore City, deceased, for the purpose of obtaining a judicial construction of said will. The will contained the following provisions: First. 1 hereby appoint my sons, Leo .Esehbach and John E. Esehbach, executors of this my last will and testament, and direct them to pay my just debts and funeral expenses, giving them power, as executors, to sell to such…

1Opinion of the CourtYellott, J.

The bill of complaint in this cause invokes a judicial construction of the will of John Eschbach, the meaning of which having been rendered ambiguous, obscure, and, in some places, apparently incomprehensible by obliterations made by the testator a number of years subsequent to the date of its execution. The will was originally executed in conformity with the requirements of the statute prescribing the formalities to be observed in making a testamentary disposition of real estate. In the first clause, two of the testator’s sons, Leo Eschbach and John E. Eschbach, are appointed executors, with…

2Cases cited2 opinions

  1. Rogers v. AbbottMassachusetts Supreme Judicial Court · 1880
  2. Andrews v. AndrewsNew York Surrogate's Court · 1854

3Cited by28 opinions

  1. Hartz v. SobelSupreme Court of Georgia · 1911
  2. Woodstock College v. HankeyCourt of Appeals of Maryland · 1917
  3. Law v. LawSupreme Court of Alabama · 1887
  4. MilesSupreme Court of Connecticut · 1896
  5. Gilbert v. GaybrickCourt of Appeals of Maryland · 1950

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