Davis v. Clabaugh
Court of Appeals of Maryland
Appeal from the Circuit Court for'Carroll County, in Equity. The bill of complaint in this ease, which was filed on the 24th of November, 1862, by the appellant, charged among other things, that the appellee had been appointed executor of the last will and testament of John Clabaugh, and had accepted the trust — that by said will he was directed to sell the real estate of his testator and the residue of his personal estate, the same to be disposed of in accordance with the…
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Appeal from the Circuit Court for'Carroll County, in Equity. The bill of complaint in this ease, which was filed on the 24th of November, 1862, by the appellant, charged among other things, that the appellee had been appointed executor of the last will and testament of John Clabaugh, and had accepted the trust — that by said will he was directed to sell the real estate of his testator and the residue of his personal estate, the same to be disposed of in accordance with the provisions of the will; and that he had neglected and refused to discharge the trust thus reposed in him, and continued…
1Opinion of the CourtStewabt, J.
The testator, John Clabaugh, by his will, in controversy in this case, appointed "William H. Clabaugh, the appellee, his executor, and ordered and directed him to sell and dis*510pose of the real and the residue of his personal estate;; and after making some other provisions, not affecting this enquiry, he bequeathed the residue of his estate after his wife’s death, to his seven children, share and share alike, or equally to be distributed amongst them.
Hanson T. Clabáugh, one of the children having died before any distribution, the appellant, Joseph Davis, administered on his estate. ¥ml H.…
2Cases cited2 opinions
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