Berry v. Foley
Court of Appeals of Maryland
Appeal from an order of the Circuit Court of Baltimore City (Wickes, J.), dismissing the petition of the appellant, filed to compel the appellee to convey to him the ground rent of $325.00 per annum upon his residence, No. 1500 Eutaw Place, in the city of Baltimore.
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Appeal from an order of the Circuit Court of Baltimore City (Wickes, J.), dismissing the petition of the appellant, filed to compel the appellee to convey to him the ground rent of $325.00 per annum upon his residence, No. 1500 Eutaw Place, in the city of Baltimore. The appellee, as trustee under the last will and testament of Emily McTavish, deceased, was seized in fee among other property, of a vacant lot of ground on Eutaw Place, in the city of Baltimore, which lot, by virtue of the power contained in the will of his testatrix, he leased to a certain Henry Blake, on the nth day of June,…
1Opinion of the CourtPage, J.
In May, 1875, the appellee, as trustee under the last will and testament of Emily McTavish, being seized and possessed of certain property, with power to make such changes of investment and reinvestmentment, as should seem to him advantageous and proper, filed a petition in the Circuit Court of Baltimore City, in which it was represented, that in the exercise of his power and his discretion to make changes of investment, he had sold to a certain Henry Blake the lessee of the property, the lot of ground which is the subject of this proceeding, with the annuity or ground rent issuing thereon of…
2Cases cited8 opinions
- Requa v. ReaNew York Court of Chancery · 1831
- Tomlinson v. McKaigCourt of Appeals of Maryland · 1847
- Wagner v. CohenCourt of Appeals of Maryland · 1847
- Sanders v. McDonaldCourt of Appeals of Maryland · 1885
- President of Farmers' Bank v. ClarkeCourt of Appeals of Maryland · 1868
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3Cited by1 opinion
- Continental Trust Co. v. Baltimore Refrigerating & Heating Co.Court of Appeals of Maryland · 1913