Legal Opinion

Hilleary v. Lessee

Court of Appeals of Maryland

Decided January 27, 1867PublishedCited by 4 opinions

Appeal from the Circuit Court for Prince George’s county. This is an action of ejeotmeni by the appellee against the appellants.

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Appeal from the Circuit Court for Prince George’s county. This is an action of ejeotmeni by the appellee against the appellants. The record shews that Sally O. Hilleary being seised and possessed of the lands mentioned in the declaration, devised the same by her will, dated 1st of August, 3.851, and proved 20th of September, 1851, as follows : “I give and bequeath to my dear nephew, Tilghman Hilleary, with a reservation hereinafter specified, all my real estate which I own, lying and situate in Maryland, to him and his children forever but should he die before my nephew, Leonard Hilleary,…

1Opinion of the CourtGoldsborough, J.

The controversy in this case arises under the will of Mrs. *286'Sarah O. Hilleary, late of Prince George’s county, who ■diéd seized and possessed of certain real estate therein, and in 1851, devised the same as follows:

“I give and bequeath to my dear nephew, Tilghman Hilleary, with the reservation hereinafter specified, all-my real estate, which I own, lying and situate in Maryland, to him and- his children forever; but should he die before my nephew, Leonard Hilleary, leaving no children or issue, I then give and bequeath the said real estate to my nephew, Leonard Hilleary, to him, his heirs and…

2Cases cited2 opinions

  1. Newton v. GriffithCourt of Appeals of Maryland · 1827
  2. Biscoe v. BiscoeCourt of Appeals of Maryland · 1834

3Cited by4 opinions

  1. Wollen v. FrickCourt of Appeals of Maryland · 1873
  2. Deets v. RigginsCourt of Appeals of Maryland · 1939
  3. Magruder v. MagruderCourt of Appeals for the D.C. Circuit · 1944
  4. Demill v. ReidBaltimore City Circuit Court · 1889

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