Legal Opinion

Gould v. Chappell

Court of Appeals of Maryland

Decided June 3, 1875PublishedCited by 24 opinions

Appelas from the Circuit Court of Baltimore City. On the 5th of August, 1872, Alexander Gould, Jr., Benjamin F. Gould, and William W. Gould, trustees under the will of their father, the late Alexander Gould, sold at private sale a parcel of ground belonging to the testator’s estate, lying on the west side of Light street, in the City of Baltimore, containing about twenty acres, at $2500 an acre, to Philip S. Chappell.

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Appelas from the Circuit Court of Baltimore City. On the 5th of August, 1872, Alexander Gould, Jr., Benjamin F. Gould, and William W. Gould, trustees under the will of their father, the late Alexander Gould, sold at private sale a parcel of ground belonging to the testator’s estate, lying on the west side of Light street, in the City of Baltimore, containing about twenty acres, at $2500 an acre, to Philip S. Chappell. On the 29th of August the sale was reported, under oath, to the Circuit Court of Baltimore City, which had previously takén upon itself to superintend the conduct of the…

1Opinion of the CourtRobinson, J.

After a careful consideration of this case, we are of opinion that the sale of the real estate mentioned in the proceedings ought not to be ratified. The sale was made by trustees under a power in the will of the late Alexander Gould, and reported to the Court below, in pursuance of the Act of 1870, chapter 370, which provides :

“ No sale of real estate made by any trustee by virtue of any power or appointment contained in any deed or will, shall be valid, unless the same shall be confirmed by the Court, as in the case of sales made by trustees appointed by the Court.”

By the terms of the will,…

2Cases cited1 opinion

  1. Johnson v. DorseyCourt of Appeals of Maryland · 1848

3Cited by24 opinions

  1. Belcher v. Birmingham Trust National BankDistrict Court, N.D. Alabama · 1968
  2. Kramme v. MewshawCourt of Appeals of Maryland · 1925
  3. Webb & Knapp, Inc. v. Hanover BankCourt of Appeals of Maryland · 1957
  4. DeTamble v. AdkinsCourt of Appeals of Maryland · 1956
  5. Goldman v. RubinCourt of Appeals of Maryland · 1982

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