Dorsey v. Clarke
Court of Appeals of Maryland
Appeal from the Court of Chancery. On the 12th March 1814, Benjamin D. Clarke, and Sarah his wife, and Jlobert Fieldhall, filed a petition against the children and heirs at law of Richard Dorsey, stating that Yieldhcdl, being seized in fee of a tract of land called Nor-wood's Fancy, died intestate, and without issue, leaving Benjamin, Élizabeth, Sai ah, and Robert Fieldhall, hisbro-thers and sisters, his heirs at law; that Elizabeth intermarried with Stephen Joyce, and is…
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Appeal from the Court of Chancery. On the 12th March 1814, Benjamin D. Clarke, and Sarah his wife, and Jlobert Fieldhall, filed a petition against the children and heirs at law of Richard Dorsey, stating that Yieldhcdl, being seized in fee of a tract of land called Nor-wood's Fancy, died intestate, and without issue, leaving Benjamin, Élizabeth, Sai ah, and Robert Fieldhall, hisbro-thers and sisters, his heirs at law; that Elizabeth intermarried with Stephen Joyce, and is since dead, leaving no issue, and that Benjamin Fieldhall is also since dead late, and without issue, whereby their shares…
1Opinion of the CourtDorsey, J.
The statute of frauds and perjuries enacts that ail declarations and creations of trusts ot> confidences of any lands, tenements or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will and testament, or else they shall be utterly void and of none effect; provided that where any conveyance shall be made by which a trust or confidence shall or may arise or result, by the implication or construction of law, such confidence or trust shall be of the like force and effect, as the same would have been if…
2Cited by25 opinions
- Dixon v. DixonCourt of Appeals of Maryland · 1914
- Green v. DrummondCourt of Appeals of Maryland · 1869
- Morrow v. MatthewIdaho Supreme Court · 1904
- Small v. ProcterMassachusetts Supreme Judicial Court · 1819
- Byers v. DanleySupreme Court of Arkansas · 1871
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