Legal Opinion

Diffenderffer v. Winder

Court of Appeals of Maryland

Decided December 15, 1831PublishedCited by 13 opinions

Cross appeals from the Court of Chancery. • On the 8th August, 1825, the appellees, William S. Winder, and Araminta his wife, filed the present bill against the appellant, and Amelia, Michael, and Charles R. Diffenderffer, the minor children of the appellant, charging, that in the year 18o5, a certain Charles Rogers being seised of a considerable real estate in the city and county of Baltimore, . duly made his last will and testament, and without revok-, ing the same,…

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Cross appeals from the Court of Chancery. • On the 8th August, 1825, the appellees, William S. Winder, and Araminta his wife, filed the present bill against the appellant, and Amelia, Michael, and Charles R. Diffenderffer, the minor children of the appellant, charging, that in the year 18o5, a certain Charles Rogers being seised of a considerable real estate in the city and county of Baltimore, . duly made his last will and testament, and without revok-, ing the same, departed this life at the close of the said year,. leaving four children, to wit, Ann Martin, Mary Lee, Catharine Rogers, and…

1Opinion of the CourtDorsey, J.

In disposing of the first point on which a reversal of the decree of the Chancellor has been urged, it is unnecessary' for this court to consider, whether the credit insisted on by appellant, of $2578 77, alleged to have been paid by the former trustee, (in satisfaction of the debts due by Charles Rogers,) out of that portion of the trust fund to which Mrs. Diffenderffer was entitled, ought not to have been discharged by the proceeds of the trust estate, on which those debts were conditionally a lien, accruing before the death of Mrs. Bailey: because it does not appear by the record before…

2Cited by13 opinions

  1. Board of Trustees of the Employees' Retirement System v. Mayor of Baltimore CityCourt of Appeals of Maryland · 1989
  2. Hooper v. HooperCourt of Appeals of Maryland · 1895
  3. Maryland National Bank v. CumminsCourt of Appeals of Maryland · 1991
  4. Madden v. Mercantile-Safe Deposit & Trust Co.Court of Special Appeals of Maryland · 1975
  5. Brown v. TydingsCourt of Appeals of Maryland · 1925

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