Harris v. Whiteley
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City (Dobbler, J.) The questions involved are substantially two, namely: (1) Did Seth H. Whiteley acquire a statutory curtesy in an undivided one-third of the lands passing to his wife under the will of her grandfather. (2) If he did, is the right of his creditors to levy on this estate affected by the “ante-nuptial contract,” filed as an exhibit with his and his wife’s answer.
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Appeal from the Circuit Court of Baltimore City (Dobbler, J.) The questions involved are substantially two, namely: (1) Did Seth H. Whiteley acquire a statutory curtesy in an undivided one-third of the lands passing to his wife under the will of her grandfather. (2) If he did, is the right of his creditors to levy on this estate affected by the “ante-nuptial contract,” filed as an exhibit with his and his wife’s answer. To answer the first question we must determine: (a) The construction of Art. 45, sec. 7 of the Code of Public General Laws as re-enacted by ch. 457 of the laws of 1898; and…
1Opinion of the CourtSchmucker, J.
This appeal raises the question whether the appellee, Seth H. Whiteley, has by virtue of his marriage such an interest in his wife’s real estate as is liable to be levied upon by his judgment creditors. There is no dispute as to the material facts of the case which are as follows:
The appellees, who are husband and wife, were married in 1881. Mrs. Whiteley in 1866, while yet unmarried, acquired under the will of her grandfather, John Brooks, a vested remainder in certain real estate subject to a life interest therein given by the will to her now deceased mother, Rachel H. Matthews. The life…
2Cases cited6 opinions
- Wilderman v. Mayor of BaltimoreCourt of Appeals of Maryland · 1855
- Williams v. JohnsonCourt of Appeals of Maryland · 1869
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- Bramble v. StateCourt of Appeals of Maryland · 1875
- Remington v. Metropolitan Savings BankCourt of Appeals of Maryland · 1893
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