Sparks v. Weedon
Court of Appeals of Maryland
Appeal 'from the Circuit Court for Anne Arundel County, in Equity: The'bill in this cause was filed on the 22nd of December 1856, against the appellants, as executors and trustees of Eliza Miller, who-died in 1855, by Alice Weedon, an infant, by her next friend, Wm.
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Appeal 'from the Circuit Court for Anne Arundel County, in Equity: The'bill in this cause was filed on the 22nd of December 1856, against the appellants, as executors and trustees of Eliza Miller, who-died in 1855, by Alice Weedon, an infant, by her next friend, Wm. S. Weedon, for an account and settlement of the estate of the testatrix, and with the bill was filed a copy of the will, which as far as relates to the questions involved in this case is in the following words: “Whereas I hold and am possessed of thirty-six shares of tbe capital stock of the Farmers Bank of Maryland, and a note or…
1Opinion of the CourtGoldsborough, J.
The only important question for our consideration in this case, is, are the bequests made to the appellee by the last will and testament of Elizabeth Miller, general or specific legacies ?
It is conceded that the bank stock of the Farmers Bank of Maryland, is a specific legacy. In our opinion the bills obligatory of James Sands and Henry H. Bush, and the large chest and contents mentioned in the third clause of the will, are each of them, equally specific. As to the bills obligatory, we find in 1 Roper on Legacies, 277, 3d Edition, the following emphatic language: “That when the- gift of the…
2Cited by5 opinions
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- Powell v. DrakeDistrict of Columbia Court of Appeals · 1890
- Zimmerman v. CoblentzCourt of Appeals of Maryland · 1936