Josetti v. McGregor
Court of Appeals of Maryland
Appeal from the Circuit Court for Prince George’s County. The case is stated in the opinion of the Court. An exception was taken by the plaintiffs to the ruling of the Court, (Brent, C. J. and Ford, J.,) upon the prayers. It is not deemed necessary to set out the prayers. A verdict was rendered for the defendant and a judgment was entered in his favor l’or costs. The plaintiffs appealed.
1Opinion of the CourtAlvey, J.
This is an action of ejectment brought by the appellants against the appellee, to recover a certain parcel of land, being part of the land formerly owned by Ann Berry, and by her devised by will dated the 8th day of November, 1817.
The question involved in this appeal arises as to the true construction of the devise in the will of Ann Berry to her grand-daughter Ann Eleanor Eversfield Berry ; and the specific question is, whether, upon the terms of the will, the devise over to Elisha Berry, after the death of Ann Eleanor, ivithout issue of her body lawfully begotten, is void because too remote.
2Cases cited4 opinions
- Newton v. GriffithCourt of Appeals of Maryland · 1827
- Wollen v. FrickCourt of Appeals of Maryland · 1873
- Roe v. DoeCourt of Appeals of Maryland · 1864
- Budd v. State ex rel. PoseyCourt of Appeals of Maryland · 1864
3Cited by1 opinion
- In re HooverDistrict Court, S.D. Georgia · 1887