Hawman v. Thomas
Court of Appeals of Maryland
Appeal from the Circuit Court for Frederick County, in Equity. This appeal was taken from the decree of the Court below, refusing the injunction prayed for by the complainants, and dismissing their bill. The case is stated in the opinion of this Court.
Read the full summary
Appeal from the Circuit Court for Frederick County, in Equity. This appeal was taken from the decree of the Court below, refusing the injunction prayed for by the complainants, and dismissing their bill. The case is stated in the opinion of this Court. The simple and only inquiry here is, whether from an examination and construction of the instrument itself, aside from parol evidence of intention, it manifestly appears that the testator has in said will unmistakably indicated and substantially expressed the intention to bequeath all the residue of his property, beyond that disposed of in the…
1Opinion of the CourtBartol, C. J.
The bill of complaint in this case was filed by the appellants, claiming to be next of kin and distributees of Peter Thomas of Gf. deceased, for the purpose of enjoining the executor David Thomas from distributing the estate of the testator Peter Thomas of Gf. among certain supposed legatees, under the second clause of the will, which is alleged to be void for uncertainty, and wholly inoperative. Answers were filed alleging that the second clause of the will is valid and sufficient to give to the persons therein named, the whole residue of the property of the testator, not disposed of by the…
2Cases cited5 opinions
- Walston's Lessee v. WhiteCourt of Appeals of Maryland · 1853
- Warner v. Miltenberger's LesseeCourt of Appeals of Maryland · 1864
- Harris v. PueCourt of Appeals of Maryland · 1874
- Beall's Lessee v. HolmesCourt of Appeals of Maryland · 1824
- Cesar v. ChewCourt of Appeals of Maryland · 1835
3Cited by12 opinions
- Schapiro v. HowardCourt of Appeals of Maryland · 1910
- Darden v. BrightCourt of Appeals of Maryland · 1938
- Frick v. FrickCourt of Appeals of Maryland · 1895
- Hammond v. HammondCourt of Appeals of Maryland · 1881
- Emmert v. HearnCourt of Appeals of Maryland · 1987
7 more not listed; retrieve them via the Exa API.