Edelen v. Middleton
Court of Appeals of Maryland
Appeal from Charles- count}' court. This was an action of trover' brought by Eugenius F. Edelen,- (the appellant,) against Alexander Middleton, (the appellee,) to recover in right of his deceased wife, a negro woman, Poll, and her increase, and Gusty', mentioned in the clause of the will of John' B. Thompson, executed in 1808, and admitted to probate 1815, recited in the opinion of this court by his honor, C. J. Dorsey.
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Appeal from Charles- count}' court. This was an action of trover' brought by Eugenius F. Edelen,- (the appellant,) against Alexander Middleton, (the appellee,) to recover in right of his deceased wife, a negro woman, Poll, and her increase, and Gusty', mentioned in the clause of the will of John' B. Thompson, executed in 1808, and admitted to probate 1815, recited in the opinion of this court by his honor, C. J. Dorsey. Mary Ann Thompson, mentioned in this clause, married the appellee, and died prior to the death of the testator’s widow, Eleanor Thompson, leaving issue, a daughter, the…
1Opinion of the CourtDorsey, C. J.
But two questions have been argued and submitted for decision in the case now before this court. The first of which is, whether, the limitation over to Mary Ann Thompson, in the will of John B. Thompson, is a good executory devise. The clause in the will, under which the present controversy arises, is in these words; “I give and bequeath unto my son, Ignatius Fielder Thompson, two negroes, the one called Pol, who is the wife of Nace, and the other her child called Gusty, as also, the said Pols future increase, that she may haye hereafter, to be paid to him after the natural life of my wife,…
2Cited by3 opinions
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- Woodland v. WallisCourt of Appeals of Maryland · 1854