Nash v. Smallwood
Court of Appeals of Maryland
Appeal from the orphans court of Charles county. Ann Ward by her will bequeathed specific legacies consisting of negroes who were named, and other specified articles of personal property to the appellees. Some of these bequests of negroes were during the life of the legatees and others in fee. She then gave to the appellants pecuniary legacies of various sums of money. All the property except the specific legacies was exhausted in paying debts and expenses.
Read the full summary
Appeal from the orphans court of Charles county. Ann Ward by her will bequeathed specific legacies consisting of negroes who were named, and other specified articles of personal property to the appellees. Some of these bequests of negroes were during the life of the legatees and others in fee. She then gave to the appellants pecuniary legacies of various sums of money. All the property except the specific legacies was exhausted in paying debts and expenses. The appellants then filed their petition, asking for an order directing the executor to sell the negroes and other specific legacies, and…
1Opinion of the CourtTuck, J.
It appears that general legacies were left to the appellants, and specific legacies to the appellees and others. It required all the property, except the specific legacies, to pay debts and costs of administration. The appellants filed a petition in the orphans court, praying that the executor might be required to sell the property bequeathed to the appellees, and divide the proceeds, pro rata, among all the legatees. This the court refused, but directed the executor to deliver the property to the appellees, the legatees for life»
*397We do not perceive any reason for not applying to the…
2Cases cited2 opinions
- Hanson v. BrawnerCourt of Appeals of Maryland · 1852
- Stevens v. GordyCourt of Appeals of Maryland · 1850