Roser v. Slade
High Court of Chancery of Maryland
[The bill in this case alleges the death of Abraham Slade, seized of real estate, and leaving a last will and testament, containing the devise quoted in the opinion of the Chancellor. That Josias Slade departed this life without heirs of his body. That Abraham Slade, the testator, had eight children, five of whom were sons, one of whom, John Slade, was the father of the female complainant, and died before the testator, Abraham.
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[The bill in this case alleges the death of Abraham Slade, seized of real estate, and leaving a last will and testament, containing the devise quoted in the opinion of the Chancellor. That Josias Slade departed this life without heirs of his body. That Abraham Slade, the testator, had eight children, five of whom were sons, one of whom, John Slade, was the father of the female complainant, and died before the testator, Abraham. The bill then proceeds to give a history of the other sons, some of whom were still living, and some had died, leaving-issue, who are named, and charges that the land…
1Opinion of the Court
The Chancellor :
This case is brought before the Court, and submitted by agreement of parties upon demurrer to the bill.
The bill is filed by John and Elizabeth Ann Roser, his wife, the latter being one of the children and heirs-at-law of John Slade, deceased, one of the brothers of Josias Slade, also deceased, but whether testate or intestate does not appear. It is alleged in the bill, that Abraham Slade, the father of John and Josias Slade, being seized of real estate in Baltimore County, died some time in the year 1847, leaving a will duly executed, containing the following clause:
“I will…
2Cases cited2 opinions
- Newton v. GriffithCourt of Appeals of Maryland · 1827
- Chaney v. TiptonCourt of Appeals of Maryland · 1840
3Cited by2 opinions
- Hart v. WagnerCourt of Appeals of Maryland · 1944
- Webb v. Baltimore Commercial BankCourt of Appeals of Maryland · 1943