Holmes v. Mitchell
Court of Appeals of Maryland
Appeal from the Court of Chancery. This appeal was taken from a decree of the chancellor dismissing the bill of the appellant, the complainant below. The facts of the case are fully stated in the opinions of this pourt, and also in the opinion of the chancellor, reported in jhe case qf Holmes vs. Mitchell, in 4 Md. Ch. Decisions.
1Opinion of the Court
Tuck, J.,
delivered his opinion as follows:
In the interpretation of wills, the intention of the is to be gathered from the entire instrument, and less it violates some established principle of law there is a general intention, and a particular minor latter must give place. It is immaterial in what p r tention is found. The words are the means to assert?}!: and, however scattered, if they explain it, they are td.bc^cd lecled and put together, that the will may have the effect in*536tended. If would, in many cases, prejudice the désign of the' testator, if courts seized upon one clause, or upon one…
2Cases cited9 opinions
- Evans v. IglehartCourt of Appeals of Maryland · 1834
- Chelton v. HendersonCourt of Appeals of Maryland · 1850
- Roosevelt v. ThurmanNew York Court of Chancery · 1814
- Hope v. HutchinsCourt of Appeals of Maryland · 1837
- Lyles v. Digges's LesseeCourt of Appeals of Maryland · 1824
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3Cited by3 opinions
- Smith v. HooperCourt of Appeals of Maryland · 1902
- Moore v. PettyCourt of Appeals for the Eighth Circuit · 1905
- Clark v. StateCourt of Appeals of Maryland · 2023