Legal Opinion

Woodland v. Wallis

Court of Appeals of Maryland

Decided December 15, 1854PublishedCited by 4 opinions

AppEAL'frboa the Circuit Court of Kent County. This was" a suit by the appellants against the appellee, docketed by consent in" the' court below, to determine the question" whether the plaintiffs have any title under the'will of John" Mason; executed in-" 1826, to George and Jervis; two negroes, therein mentioned.- The material points of this will are stated in the opinion of this court, and the statement of facts upon which the cáse was tried below further shows: that the…

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AppEAL'frboa the Circuit Court of Kent County. This was" a suit by the appellants against the appellee, docketed by consent in" the' court below, to determine the question" whether the plaintiffs have any title under the'will of John" Mason; executed in-" 1826, to George and Jervis; two negroes, therein mentioned.- The material points of this will are stated in the opinion of this court, and the statement of facts upon which the cáse was tried below further shows: that the testator died in 1829, that the' wife of the appellant Woodland, was formerly Margaret Travilla, daughter of Philip B.…

1Opinion of the CourtEccleston, J.

We understand this suit, by agreement of counsel, has been instituted for the purpose of having a decision upon the question, whether, under the will of John Mason, the plaintiffs have any right to a share or portion of negroes George and Jervis. There is no controversy in regard to Elizabeth, as she died in the lifetime of Mary M. Mason.

The portion of the will which relates to the subject is as follows: “I give and bequeath to my daughter Mary Matilda Mason, all and singular, the property, real and personal, that I now possess, to her and her heirs, forever, except my negro man Thomas and my…

2Cases cited2 opinions

  1. Biscoe v. BiscoeCourt of Appeals of Maryland · 1834
  2. Edelen v. MiddletonCourt of Appeals of Maryland · 1850

3Cited by4 opinions

  1. Doe v. SussanCourt of Appeals of Maryland · 1870
  2. Gable v. EllenderCourt of Appeals of Maryland · 1880
  3. Vestry of Emmanuel Church v. Safe Deposit & Trust Co.Court of Appeals of Maryland · 1935
  4. Wallis v. WoodlandCourt of Appeals of Maryland · 1870

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