Mitchell v. Mitchell
Court of Appeals of Maryland
Appeal from the Court of Chancery. The bill, in this cause, was filed on the 16th February 1838, by the appellant, praying subpeena against Elizabeth Mitchell, claiming a discovery and account of the rents, and profits, and proceeds, of certain real and personal property, devised by Francis J. Mitchell, father of the complainant, and James D. Mitchell, testator of said Elizabeth Ji., to James D. Mitchell, in trust for Sarah E. Mitchell, and for an annuity under the will of…
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Appeal from the Court of Chancery. The bill, in this cause, was filed on the 16th February 1838, by the appellant, praying subpeena against Elizabeth Mitchell, claiming a discovery and account of the rents, and profits, and proceeds, of certain real and personal property, devised by Francis J. Mitchell, father of the complainant, and James D. Mitchell, testator of said Elizabeth Ji., to James D. Mitchell, in trust for Sarah E. Mitchell, and for an annuity under the will of James D. Mitchell. An amendment, made Henry S. Mitchell and his infant son, Joseph II. Mitchell, parlies defendants. The…
1Opinion of the CourtArcher, J.
The bill, as amended, seeks to enforce payment of a legacy left the complainant, by the last will and testament of Francis J. Mitchell, by the obtainment of a decree for the sale of Myrtle Grove, upon the ground, that the said legacy was, by the said last will and testament of Francis J. Mitchell, charged upon the said estate.
The bill, also, seeks an account of all the property left to James D. Mitchell, by the will of Francis J. Mitchell, in trust for the complainant.
The chancellor dismissed the complainant’s bill, first, because the estate charged with the alleged legacy, had descended to…
2Cited by11 opinions
- Maryland Coal Co. v. Cumberland & Pennsylvania RailroadCourt of Appeals of Maryland · 1875
- Mitchell v. WilliamsonCourt of Appeals of Maryland · 1850
- Boyd v. SachsCourt of Appeals of Maryland · 1894
- Mayor of Baltimore v. GibbsCourt of Appeals of Maryland · 1934
- Lobe v. GoldheimCourt of Appeals of Maryland · 1927
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