Smith v. Donnell
Court of Appeals of Maryland
Appeal from the orphans court of St. Mary's county. Susan Parker died in 1848, leaving a will, executed on the 27th of February, 1843, by which, after sundry legacies, she declared: “ It is further my will and desire, that the rest and residue of my estate and property, after satisfying said gifts and bequests as aforesaid, shall be divided among such of my nephews and nieces, the children of my brother Isaac, and of my deceased brother Charles, and sisters Margaret and…
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Appeal from the orphans court of St. Mary's county. Susan Parker died in 1848, leaving a will, executed on the 27th of February, 1843, by which, after sundry legacies, she declared: “ It is further my will and desire, that the rest and residue of my estate and property, after satisfying said gifts and bequests as aforesaid, shall be divided among such of my nephews and nieces, the children of my brother Isaac, and of my deceased brother Charles, and sisters Margaret and Sally, as shall be living at the time of my death, that is to say, to each nephew and niece, share and share alike.” On the…
1Opinion of the Court
Dorsey, O. J.,
delivered the opinion of this court.
• The testatrix in this case made her will in 1848, and after giving a few legacies to other persons, gave the rest and residue of her estate to certain of her nephews and nieces, “share and share alike.” After the making of her will, and before the year 1846, she made loans of sundry sums of money to Francis H. Smith, one of the appellants, and also one of her nephews and residuary legatees. She died in 1848, leaving her will in full force. In 1846, Francis II. Smith obtained the benefit of the insolvent laws of Maryland, and William A.…
2Cases cited1 opinion
- Lindsay v. Jackson & McJimpseyNew York Court of Chancery · 1831
3Cited by15 opinions
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- State v. Northern Central Railway Co.Court of Appeals of Maryland · 1862
- Colton v. Drovers' Perpetual Building & Loan Ass'nCourt of Appeals of Maryland · 1899
- Marshall v. CooperCourt of Appeals of Maryland · 1875
- Gosnell v. FlackCourt of Appeals of Maryland · 1892
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