Rea v. Twilley
Court of Appeals of Maryland
Appeal from the Circuit Court for Dorchester County. This was an action instituted on the 23d of July, 1869, by the appellees, to recover from the appellant the rents and profits which he had received from a farm called “ Darly’s Addition Enlarged,” since the death of a certain John A. Scott, who died seised and possessed of said estate, sometime in the month of December, 1863. The appellees were the nearest blood relations and heirs-at-law of the deceased, and claimed that…
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Appeal from the Circuit Court for Dorchester County. This was an action instituted on the 23d of July, 1869, by the appellees, to recover from the appellant the rents and profits which he had received from a farm called “ Darly’s Addition Enlarged,” since the death of a certain John A. Scott, who died seised and possessed of said estate, sometime in the month of December, 1863. The appellees were the nearest blood relations and heirs-at-law of the deceased, and claimed that he died intestate of said estate. The appellant, who was the executor under the will of the said Scott, insisted that he…
1Opinion of the CourtRobinson, J.
On the 24th day of February, 1857, John A. Scott made his last will and testament, and after the execution of the *411same, purchased a tract of land called “ Darly’s Addition Enlarged,” containing four hundred and fifty acres. The question is, whether this subsequently acquired tract of land is devised in the will, or whether it descends to the heirs-at-law ? Art. 93, see. 309, Code of Pub. Gen’l Laws.
The appellant contends that it is devised under the following residuary clause:
“All the balance of my estate undisposed of, and all bonds, notes and accounts due me, I want the same collected and…
2Cases cited3 opinions
- Cole v. EnsorCourt of Appeals of Maryland · 1853
- McChesney v. BruceCourt of Appeals of Maryland · 1851
- Walters v. WaltersCourt of Appeals of Maryland · 1811
3Cited by4 opinions
- Lindsay v. WilsonCourt of Appeals of Maryland · 1906
- Rizer v. PerryCourt of Appeals of Maryland · 1882
- Lyon v. Safe Deposit & Trust Co.Court of Appeals of Maryland · 1913
- Bourke v. BooneCourt of Appeals of Maryland · 1902