Jones v. Earle
Court of Appeals of Maryland
Appeal from Baltimore County Court. This was an action of Assumpsit, commenced by consent of parties, under the following agreement: It is hereby agreed, that all errors in pleadings be waived, and that the paper marked “Plaintiff’s exhibit A,” herewith annexed, is a true copy of the last will and testament of Alfred Jones, deceased, as well as of the codicil thereto annexed; that after the execution of the said will and codicil, the said A. J departed this life, and that…
Read the full summary
Appeal from Baltimore County Court. This was an action of Assumpsit, commenced by consent of parties, under the following agreement: It is hereby agreed, that all errors in pleadings be waived, and that the paper marked “Plaintiff’s exhibit A,” herewith annexed, is a true copy of the last will and testament of Alfred Jones, deceased, as well as of the codicil thereto annexed; that after the execution of the said will and codicil, the said A. J departed this life, and that after his death, the said last will and codicil were duly proved and recorded; that after the same was proved and…
1Opinion of the CourtChambers, J.
In this, as in every other case in which a will is to be construed, the great object is to ascertain, from the face of the paper, the intention and design of the testator; which is to be carried into eifect, unless opposed by some principle of positive law. The will and the codicil constitute one instrument; and the codicil revoking, in terms, a portion of the will, has the eifect to republish the will as of the date of the codicil, in respect to all parts of the will not revoked by the codicil either in express terms or by a bequest or devise so entirely inconsistent with the terms of the…
2Cited by3 opinions
- Johns Hopkins University v. PinckneyCourt of Appeals of Maryland · 1881
- Syfer v. DolbyCourt of Appeals of Maryland · 1943
- Joynes v. HamiltonCourt of Appeals of Maryland · 1904