Wells v. Beall
Court of Appeals of Maryland
Appeal from the Court of Chancery. In this case, a bill was filed on the 10th December, 1825, by the appellee, Otho B. Beall, as administrator of Richard B. Brashears, against the appellants, William Wells of George, and Jemima, his wife, and William Wells, executor of Jacob W. Brashears.
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Appeal from the Court of Chancery. In this case, a bill was filed on the 10th December, 1825, by the appellee, Otho B. Beall, as administrator of Richard B. Brashears, against the appellants, William Wells of George, and Jemima, his wife, and William Wells, executor of Jacob W. Brashears. It stated, that in the year 1797, a certain John W. Brashears, of Prince George’s county, died, leaving five children, to wit: Jacob W., Richard W., Beall, Hester, and Jemima Brashears, having first duly executed his last will and testament, a copy of which is filed, and exhibited with the bill. This will…
1Opinion of the CourtArcher, J.
There is nothing in the peculiar exceptions filed to the auditor’s report, which prevents this Court from examining the rights of the parties, in relation to the rents and profits of any of the lands mentioned in the bill. The answer denies the right to rents and profits, and it could not he necessary to frame the exceptions in such a manner, as would deny rights, which are put in issue by the pleadings.
The case of Newton vs. Griffith, 1 Harr. and Gill, 111, is conclusive to show, that although an estate tail was devised in Ledgworth, and 44 acres of Plummer’s Pleasure, to Jacob W. Brashears,…
2Cited by1 opinion
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