Legal Opinion

Hutchins v. Pearce

Court of Appeals of Maryland

Decided February 28, 1895PublishedCited by 14 opinions

Appeal from the Superior Court of Baltimore City. This was an action of ejectment brought by Miss Hutch-ins, the residuary devisee under the. will of Mary Louisa Pearce, to recover the property devised to the latter by the codicil to the will of John B. Pearce. The defendants were the surviving son and daughter of John B. Pearce and the husband of the daughter.

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Appeal from the Superior Court of Baltimore City. This was an action of ejectment brought by Miss Hutch-ins, the residuary devisee under the. will of Mary Louisa Pearce, to recover the property devised to the latter by the codicil to the will of John B. Pearce. The defendants were the surviving son and daughter of John B. Pearce and the husband of the daughter. The clause of the will of Mary Louisa Pearce, under which the plaintiff claimed, was as follows: “As my brother and sister are already amply provided for, and the greater portion of the property which I now own will probably go to them…

1Opinion of the CourtPage, J.

This is an action of ejectment, the determination of which depends upon the construction of the last will of John B. Pearce. Mr. Pearce died in 1874, leaving surviving him a son and two daughters. At the time of his death, his son, Jacob M. Pearce, was forty years of age, married and with a family of five children, ranging from one to twelve years *444in age. One of his daughters, Mary Louisa, was thirty-six years of age and unmarried; the other, Sophia Augusta, who has since intermarried with the defendant, John M. Dennison, was thirty-two years of age, and also unmarried. His will is dated the…

2Cases cited8 opinions

  1. Fairfax v. BrownCourt of Appeals of Maryland · 1883
  2. Thomas v. Safe Deposit & Trust Co.Court of Appeals of Maryland · 1891
  3. Johns Hopkins University v. PinckneyCourt of Appeals of Maryland · 1881
  4. Mason v. JohnsonCourt of Appeals of Maryland · 1877
  5. Gambrill v. Forest Grove Lodge, No. 4Court of Appeals of Maryland · 1886

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3Cited by14 opinions

  1. Lumpkin v. LumpkinCourt of Appeals of Maryland · 1908
  2. Wilson v. BullCourt of Appeals of Maryland · 1903
  3. In Re Estate of CliftonSupreme Court of Iowa · 1928
  4. Booth v. EberlyCourt of Appeals of Maryland · 1914
  5. Hutton v. Safe Deposit & Trust Co.Court of Appeals of Maryland · 1926

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