Legal Opinion

Glenn v. Spry

Court of Appeals of Maryland

Decided December 15, 1853PublishedCited by 4 opinions

Appeal from the Circuit Court for Kent county. Ejectment by the appellants against the appellee for certain lands in Kent county. The case was submitted to the court below upon a statement of facts, as follows: James Mil-ward being seized of the lands in controversy, by his will executed in 1799, devised as follows: — “Imprimis. 1 give, will and bequeath, unto my son, Charles Milward, all the land I now possess.” “Item.

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Appeal from the Circuit Court for Kent county. Ejectment by the appellants against the appellee for certain lands in Kent county. The case was submitted to the court below upon a statement of facts, as follows: James Mil-ward being seized of the lands in controversy, by his will executed in 1799, devised as follows: — “Imprimis. 1 give, will and bequeath, unto my son, Charles Milward, all the land I now possess.” “Item. I order, and my will is, that my son, Charles Milward, shall give or pay, or cause to he given and paid, unto my son, James Milward, or his guardian, §120,” for his boarding,…

1Opinion of the CourtTuck, J.

It is clear, upon the adjudged cases in England and in this country, that Charles Milward, under his father’s will, took an estate in fee, by reason of the sums directed to be paid to his brother James. This doctrine is fully recognised in Beall vs. Holmes, 6 H. & J., 208, and is conceded by the counsel for the appellants. The question for our determination is, whether James Milward took an estate for life or in fee, after the death of his brother Charles, without having paid these legacies.

The land devised was charged with an annuity, and a sum in gross in favor of James. When, by the death…

2Cases cited2 opinions

  1. Beall's Lessee v. HolmesCourt of Appeals of Maryland · 1824
  2. Mitchell v. MitchellCourt of Appeals of Maryland · 1844

3Cited by4 opinions

  1. Strawbridge v. Baltimore & Ohio Rail RoadCourt of Appeals of Maryland · 1859
  2. Kirschbaum & Co. v. BlairSupreme Court of Virginia · 1900
  3. Boyd v. SachsCourt of Appeals of Maryland · 1894
  4. Kopp v. HerrmanCourt of Appeals of Maryland · 1896

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