Collins v. Carman
Court of Appeals of Maryland
Appeal from the Equity Side of Baltimore county court. This appeal was taken from an order of the court below', (Le Grand', A. J.,) dismissing the bill of the appellant. The facts of the case are fully stated in the opinion of this court. 1st. The will of the deceased contains no such devise to, or provision for, the widow as required her to make a renunciation in order to entitle her to claim her reasonable part or thirds of the testator’s personal estate.
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Appeal from the Equity Side of Baltimore county court. This appeal was taken from an order of the court below', (Le Grand', A. J.,) dismissing the bill of the appellant. The facts of the case are fully stated in the opinion of this court. 1st. The will of the deceased contains no such devise to, or provision for, the widow as required her to make a renunciation in order to entitle her to claim her reasonable part or thirds of the testator’s personal estate. The act of 1798, ch. 101, sub-ch. 13, speaks of a devise or bequest “¿o the wife;” she is barred by any “such” devise or bequest. Now…
1Opinion of the CourtEccleston, J.
Eliza Carman, who was the wife of Wm. Carman, became insane some time prior to the date of her husband’s will, and so continued until her decease, which occurred more than four years after his death and the grant of letters testamentary on his estate.
The will named the appellee with two others as executors and trustees. The others having renounced, the appellee took upon himself the trusts reposed in him.
The clauses in the will which are deemed important in the present controversy are the following:
“ Out of the income of rny estate and during the lifetime of my wife, Eliza, my trustees above…
2Cases cited5 opinions
- Demarest v. WynkoopNew York Court of Chancery · 1817
- Farwell v. JacobsMassachusetts Supreme Judicial Court · 1808
- Coomes v. ClementsCourt of Appeals of Maryland · 1819
- Tolson v. TolsonCourt of Appeals of Maryland · 1838
- Griffith v. Griffith's ExecutorsGeneral Court of Virginia · 1798
3Cited by32 opinions
- Ludington v. PattonWisconsin Supreme Court · 1901
- Van Steenwyck v. WashburnWisconsin Supreme Court · 1884
- Steele v. Steele's Adm'rSupreme Court of Alabama · 1879
- Hartt v. HarttWyoming Supreme Court · 1956
- In re the Estate of ZweigNew York Surrogate's Court · 1932
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