Legal Opinion

Clarke v. Smith

Court of Appeals of Maryland

Decided June 26, 1878PublishedCited by 15 opinions

Appeal from the Circuit Court for Caroline County, in Equity. The contents of the will of the testator in this case, as far as material, are stated in the opinion of the Court.

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Appeal from the Circuit Court for Caroline County, in Equity. The contents of the will of the testator in this case, as far as material, are stated in the opinion of the Court. The appellant filed his hill against the administrator, and the widow, and children of the devisee, Robert D. Williams, setting forth the third clause of the will, and charging among other things, that on the 27th day of May, 1873, the said Robert D. Williams contracted to and with the complainant to sell and convey to him the aforesaid tract or parcel of land called “ The Wáyman Farm,’" containing 202 acres, at and…

1Opinion of the CourtAlvey, J.

The principal question in this case depends upon the construction of the third clause in the will of William Williams, deceased. The testator left three sons, to each of whom he devised land ; and the devise to his son Robert D. Williams, being the third clause in the will, is as follows : “I give and bequeath unto my son, Robert D. Williams, the farm I purchased of Wm. A. Dick, containing one hundred and fifty acres, more or less, and also the farm where Charles Wayman now lives, containing 202 acres, more or less, during the term of his natural life, and no longer, and after the death of my…

2Cases cited4 opinions

  1. Newton v. GriffithCourt of Appeals of Maryland · 1827
  2. Simpers v. SimpersCourt of Appeals of Maryland · 1860
  3. Chelton v. HendersonCourt of Appeals of Maryland · 1850
  4. Pratt's Lessee v. FlamerCourt of Appeals of Maryland · 1820

3Cited by15 opinions

  1. De Vaughn v. HutchinsonSupreme Court of the United States · 1897
  2. Reilly v. BristowCourt of Appeals of Maryland · 1907
  3. Kepler v. LarsonSupreme Court of Iowa · 1906
  4. Burnham v. Baltimore Gas & Electric Co.Court of Appeals of Maryland · 1958
  5. Warner v. SpriggCourt of Appeals of Maryland · 1884

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