Legal Opinion

Budd v. State ex rel. Posey

Court of Appeals of Maryland

Decided October 7, 1864PublishedCited by 4 opinions

Appeal from the Circuit Court for diaries County. This was an action brought by the appellees, as the administrators of Joseph A. Posey, upon the "bond of the appellant, John L. Budd, as the executor of Ann R. Saxton, to recover the value of the personal property bequeathed by the appellant’s testatrix to the intestate of the appellees.

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Appeal from the Circuit Court for diaries County. This was an action brought by the appellees, as the administrators of Joseph A. Posey, upon the "bond of the appellant, John L. Budd, as the executor of Ann R. Saxton, to recover the value of the personal property bequeathed by the appellant’s testatrix to the intestate of the appellees. At the trial of the cause the following agreement of the parties was filed: ‘It is agreed that all errors in pleading in this case may be released, the object being to get a true construction of the will of Ann R. Saxton.” The clause of the will submitted for…

1Opinion of the CourtCochran, J.

The appellees brought this suit, as administrators of Joseph A. Posey, on the bond of John L. Budd, as executor of Ann B. Saxton, for the purpose of recovering the value of certain personal property bequeathed by her to their intestate.

The record shows that Joseph A. Posey was a half-brother of the appellee, John V". Posey, on the paternal side, and that the appellant, John L. Budd, had children living when Mrs. Saxton executed her will, and also at the time" of Joseph A. Posey’s decease. By an agreement of the parties, all errors in pleading were waived, and the suit prosecuted for the…

2Cases cited4 opinions

  1. Newton v. GriffithCourt of Appeals of Maryland · 1827
  2. Hatton v. WeemsCourt of Appeals of Maryland · 1841
  3. Biscoe v. BiscoeCourt of Appeals of Maryland · 1834
  4. Edelen v. MiddletonCourt of Appeals of Maryland · 1850

3Cited by4 opinions

  1. Doe v. SussanCourt of Appeals of Maryland · 1870
  2. Gable v. EllenderCourt of Appeals of Maryland · 1880
  3. Wallis v. WoodlandCourt of Appeals of Maryland · 1870
  4. Josetti v. McGregorCourt of Appeals of Maryland · 1878

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