Gaither v. Gaither
High Court of Chancery of Maryland
[William Plummer executed his will on the 6th of September, 1834, by which he devised two tracts of land to Beale Gaither, “to him, his heirs and assigns for ever.”
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[William Plummer executed his will on the 6th of September, 1834, by which he devised two tracts of land to Beale Gaither, “to him, his heirs and assigns for ever.” The testator died in January, 1836. Beale Gaither, on the 4th of October, 1840, executed a deed by which, in consideration of natural love and affection, he conveyed various tracts of land, including that devised to him by said will, to his three daughters, Susan, Ellen, and Mary Ann, and died intestate, in the year 1849. On the 6th of June, 1850, the complainant, the son of said Beale Gaither, filed the present bill, in which it…
1Opinion of the Court
The Chancellor:
The proposition of law upon which the complainant’s case rests, and upon which he has placed it by his bill, appears to be well fortified by authority. ' That proposition is, that if an heir or personal representative or devisee whose interests would be prejudiced by the insertion, of a provision in a will in favor of some third person, induces the testator to omit such provision by assurances that his wishes shall be executed, as though the provision were made, such assurance will raise a trust which, though not available at law, will be enforced in equity on the ground of…
2Cases cited2 opinions
- Townshend v. TownshendCourt of Appeals of Maryland · 1851
- Cesar v. ChewCourt of Appeals of Maryland · 1835
3Cited by5 opinions
- Orth v. OrthIndiana Supreme Court · 1895
- Suman v. HarveyCourt of Appeals of Maryland · 1911
- Masters v. MastersCourt of Appeals of Maryland · 1952
- Trustees of Amherst College v. RitchNew York Supreme Court · 1894
- Masters v. MastersCourt of Appeals of Maryland · 1952