Whitby v. Jump

This is an action of ejectment brought in the Circuit Court for Talbot County, by the appellant to recover possession of certain real property, situate and lying in Chapel District, of that county. The case was tried before the Court upon the plea of not guilty and upon an agreed statement of facts. The title to the property in question rests upon the construction to be placed upon the will of Thomas Whitby, late of Talbot County.

The following is the clause of the will out of which this controversy has arisen. “ I give and bequeath all the rest and residue of my estate, both real estate and…