Legal Opinion

Wilderman v. Mayor of Baltimore

Court of Appeals of Maryland

Decided December 15, 1855PublishedCited by 25 opinions

Appeal from the Court of Common Pleas for Baltimore city.'' Covenant by the appellees against the appellant to recover arrears of ground-rent due under a lease for ninety-nine years, renewable forever, executed by Henry Peters to John Wildermanj the rent reserved thereby having been devised by said Peters to the plaintiffs. Idea, nil debei. The case was submitted to the court below upon an agreed statement of facts.

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Appeal from the Court of Common Pleas for Baltimore city.'' Covenant by the appellees against the appellant to recover arrears of ground-rent due under a lease for ninety-nine years, renewable forever, executed by Henry Peters to John Wildermanj the rent reserved thereby having been devised by said Peters to the plaintiffs. Idea, nil debei. The case was submitted to the court below upon an agreed statement of facts. The question presented is, as to the validity of the following devise in the will of Henry Peters, executed on the 26th of December 1836, and admitted to probate on ihe'20th of…

1Opinion of the CourtMason, J.

The question presented upon this appeal is whether the fol lowing devise can be supported? It is to the city of Baltimore in trust for “the relief and support of the indigent and necessitous poor persons, who may, from time to time, reside within tlie limits, as now known, of the twelfth ward of said city of Baltimore.”

Since the decisions of this court in the cases of Trippe vs. Frazier, 4 Harr. & Johns., 446; and Dashiell vs. Attorney General, 5 H. & J., 392; and Same vs. Same, 6 H. & J., 1; *556the Validity of -the devise now before 'us can hardly be regarded as an open question’. It is too…

2Cases cited2 opinions

  1. Dashiell v. Attorney GeneralCourt of Appeals of Maryland · 1822
  2. Dashiell v. Attorney GeneralCourt of Appeals of Maryland · 1823

3Cited by25 opinions

  1. Dua v. Comcast Cable of Maryland, Inc.Court of Appeals of Maryland · 2002
  2. Grimes' Executors v. HarmonIndiana Supreme Court · 1871
  3. Church Extension of the Methodist Episcopal Church v. Smith ex rel. GuerkeCourt of Appeals of Maryland · 1881
  4. Williar v. Baltimore Butchers' Loan & Annuity Ass'nCourt of Appeals of Maryland · 1877
  5. Barnum v. Mayor of BaltimoreCourt of Appeals of Maryland · 1884

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