Tolson v. Tolson
Court of Appeals of Maryland
Cross-appeals from the Court of Chancery. The original bill was filed on the ]2th of March, 1834, by John Tolson, and Eleanor, his wife, and their adult and infant children, against Henry, Edward, William, Alfred, Thomas, Alexander, and George Tolson, the other heirs at law and devisees of Francis Tolson, deceased, and states, that the said deceased, by his last will, devised his estate to and amongst his children, other than the complainant John, arid requested his other…
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Cross-appeals from the Court of Chancery. The original bill was filed on the ]2th of March, 1834, by John Tolson, and Eleanor, his wife, and their adult and infant children, against Henry, Edward, William, Alfred, Thomas, Alexander, and George Tolson, the other heirs at law and devisees of Francis Tolson, deceased, and states, that the said deceased, by his last will, devised his estate to and amongst his children, other than the complainant John, arid requested his other sons to take care of their brother, the complainant John, and his family, which said request created a trust in, and…
1Opinion of the CourtGhambers, J.
The argument in this case has proceeded chiefly on the ground, that the decree heretofore made by this court was of a conclusive character, not only in regard to the general question of complainant’s right to recover, but as to the details and amount to be allowed him, and the particular rules by which the auditor was to be controled. In short, that the defendants *388in the bill were thereby precluded from making any defence Upon the merits. It is obvious, that if such a construction be given to our former decree, as to deprive the defendants of the privilege of showing, that the requisitions of…
2Cited by9 opinions
- Shipley v. RitterCourt of Appeals of Maryland · 1855
- Willett v. CarrollCourt of Appeals of Maryland · 1859
- Offutt v. OffuttCourt of Appeals of Maryland · 1907
- Carrington v. Thomas C. Basshor Co.Court of Appeals of Maryland · 1913
- Donnelly v. EdelenCourt of Appeals of Maryland · 1874
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