Legal Opinion

Montgomery v. Williamson

Court of Appeals of Maryland

Decided February 20, 1873PublishedCited by 8 opinions

Appeal from the Orphans’ Court of Baltimore City. The appellants, as executrices of the last will and testament of Maria Williamson, deceased, filed a petition under oath in the Orphans’ Court of Baltimore City, on the 20th of March, 1872, alleging that under authority conferred by the said will, they sold by public auction, on or about the 9th of June, 1866, to the appellee, a portion of a tract of land called “Lexington,” belonging to their testatrix at the time of her…

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Appeal from the Orphans’ Court of Baltimore City. The appellants, as executrices of the last will and testament of Maria Williamson, deceased, filed a petition under oath in the Orphans’ Court of Baltimore City, on the 20th of March, 1872, alleging that under authority conferred by the said will, they sold by public auction, on or about the 9th of June, 1866, to the appellee, a portion of a tract of land called “Lexington,” belonging to their testatrix at the time of her death, at the price of one hundred and seventy-five dollars an acre y and that the sale was duly ratified by the Orphans’…

1Opinion of the CourtAlvey, J.

The petition in this case was dismissed by the Orphans’* Court, as stated in the order, for want of jurisdiction in the premises. No testimony was heard, in reference to the controverted facts; and the only question presented on this appeal is, whether the Orphans’ Court had jurisdiction to hear and determine the subject-matter of the petition, assuming the facts to be true, as therein stated.

*427The contract of' sale and purchase, as evidenced by the report of the executrices, required the purchaser to pay one hundred and seventy-five dollars per acre, “for every acre the said tract of land…

2Cases cited1 opinion

  1. Raborg's Adm'x. v. Hammond's Adm'r.Court of Appeals of Maryland · 1827

3Cited by8 opinions

  1. Munnikhuysen v. MagrawCourt of Appeals of Maryland · 1881
  2. Dalrymple v. GambleCourt of Appeals of Maryland · 1887
  3. In re the Estate of StrattonCourt of Appeals of Maryland · 1877
  4. Harlan v. LeeCourt of Appeals of Maryland · 1938
  5. French v. Washington County Home for Orphan & Friendless ChildrenCourt of Appeals of Maryland · 1911

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