Tolson v. Tolson
Court of Appeals of Maryland
Appeal from Chancery. This was a bill filed on the 12th March, 1834, by John Tolson and Eleanor his wife, and their adult and infant children, alleging that Francis Tolson, the father of John, and the grandfather of the children of John and Wife, who died in the year 1824, by his last will and testament, gave to all his children, except his son John the complainant, a specified portion of his estate, that with the exception of a small portion of his real estate, which the…
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Appeal from Chancery. This was a bill filed on the 12th March, 1834, by John Tolson and Eleanor his wife, and their adult and infant children, alleging that Francis Tolson, the father of John, and the grandfather of the children of John and Wife, who died in the year 1824, by his last will and testament, gave to all his children, except his son John the complainant, a specified portion of his estate, that with the exception of a small portion of his real estate, which the said testator devised to his friend and son-in-law, George Semmes, upon condition the said testator devised to his sons…
1Opinion of the CourtChambers, Judge
In looking through this will, we think the testator designed to provide for the maintenance of John Tolson, his son, and some other persons whom he designated as the “family” of John.
If the language be so uncertain, as to the person designed to take, or as to the thing designed to be given, the court cannot enforce such will, without adding a devisee or legatee not named, or describing property not described in the will.
The term “family,” as used in this will, does not designate, we think, any individual persons with sufficient accuracy.
So far then as regards those who were in the contempla ■…
2Cited by12 opinions
- Warner v. RiceCourt of Appeals of Maryland · 1887
- Collins v. CarmanCourt of Appeals of Maryland · 1853
- Willett v. CarrollCourt of Appeals of Maryland · 1859
- Pratt v. Trustees of the Sheppard & Enoch Pratt HospitalCourt of Appeals of Maryland · 1898
- Ogle v. TayloeCourt of Appeals of Maryland · 1878
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