Legal Opinion

Reid v. Walbach

Court of Appeals of Maryland

Decided January 28, 1892PublishedCited by 8 opinions

Appeal from the Circuit Court of Baltimore City. The case is stated in the opinion of the Court. The twenty-fifth clause of the will of Mrs. Eliza Whelan reads as follows: “It is my will that the property hereinbefore given to my daughter, Mary Reid, shall he held and enjoyed by her for and during her natural life only, and after her death shall devolve on and belong to her child or children then living.

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Appeal from the Circuit Court of Baltimore City. The case is stated in the opinion of the Court. The twenty-fifth clause of the will of Mrs. Eliza Whelan reads as follows: “It is my will that the property hereinbefore given to my daughter, Mary Reid, shall he held and enjoyed by her for and during her natural life only, and after her death shall devolve on and belong to her child or children then living. If hot-h of her children shall survive her, the oldest shall have one-fourth part, and the youngest three-fourths of said property, and if either of said children shall die, living my said…

1Opinion of the CourtIrvins, J.

In the execution of a power of appointment in the will of her husband, Mrs. Eliza Whelan made a will and died in 1867. The will contains thirty clauses; and there are four codicils-. The provisions of this will and these codicils give rise to the questions presented in this case.

By this will and these codicils certain property was given to Jane M. Walbach, a daughter of the testator, and a married woman, and to her sole and separate use; and Francis W. Elder and Thomas Whelan were appointed trustees to hold and manage the property for Mrs. Walbach. After proceedings in equity in the Circuit…

2Cases cited13 opinions

  1. Barnum v. BarnumCourt of Appeals of Maryland · 1875
  2. Dulany v. MiddletonCourt of Appeals of Maryland · 1890
  3. Larmour v. RichCourt of Appeals of Maryland · 1889
  4. Straus v. RostCourt of Appeals of Maryland · 1887
  5. Demill v. ReidCourt of Appeals of Maryland · 1889

8 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Fisher v. WagnerCourt of Appeals of Maryland · 1909
  2. Fox v. FoxTennessee Supreme Court · 1899
  3. Ringgold v. CarvelCourt of Appeals of Maryland · 2001
  4. Gallaudet University v. National Society of the Daughters of the American RevolutionCourt of Special Appeals of Maryland · 1997
  5. Garrison v. HillCourt of Appeals of Maryland · 1894

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