Legal Opinion

Craft v. Wilcox

Court of Appeals of Maryland

Decided December 15, 1846PublishedCited by 9 opinions

Appeal from the Court of Chancery. On the 10th January 1842, the appellant filed his bill against the appellees, stating, that the estate of William Craft was divided by commission, and a certain portion thereof, to wit, <&c., assigned and allotted to Margaret Ann Craft, his daughter; that she married Henry Wilcox, and had issue, Margaret Ann Wilcox; that Henry and wife, by deed of 1.0th November 1836, assigned her interest in fee to Edwin E. Medford, who, by deed of 16th…

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Appeal from the Court of Chancery. On the 10th January 1842, the appellant filed his bill against the appellees, stating, that the estate of William Craft was divided by commission, and a certain portion thereof, to wit, <&c., assigned and allotted to Margaret Ann Craft, his daughter; that she married Henry Wilcox, and had issue, Margaret Ann Wilcox; that Henry and wife, by deed of 1.0th November 1836, assigned her interest in fee to Edwin E. Medford, who, by deed of 16th November of same year, reconveyed the property to Wilcox and wife. -“To have and to hold every part of the said, hereby…

1Opinion of the CourtArcher, C. J.

The conveyance from Edwin E. Medford, to Henry Wilcox and wife, and their h.eirs and assigns, and the survivor of them, is unaffected by the act of Assembly, of 1822, chap. 162: in the first place, because it does not create a joint tenancy, and if it does — secondly, because by the use of the term Survivor, ” in the grant, the intention is clearly indicated, that there shall exist a right of survivorship. 2 Blac. Com., 185, Co. Lit., 185b.

DECREE AFFIRMED.

2Cited by9 opinions

  1. Marburg v. ColeCourt of Appeals of Maryland · 1878
  2. Fladung v. RoseCourt of Appeals of Maryland · 1882
  3. Kolker v. GornCourt of Appeals of Maryland · 1949
  4. Lang v. WilmerCourt of Appeals of Maryland · 1917
  5. Kunz v. KurtzCourt of Chancery of Delaware · 1899

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