Meakin v. Duvall
Court of Appeals of Maryland
Appeal from the Circuit Court for Prince George’s County, in Equity. The facts of the case are sufficiently stated in the opinion of the Court. Firstly. The devise in question is not a charge ujion the estate devised by the will. Secondly. Even assuming said devise to be a charge upon the estate, the appellee must show that the appellant prevented her by his conduct towards her,from having or enjoying a home on the farm. Thirdly.
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Appeal from the Circuit Court for Prince George’s County, in Equity. The facts of the case are sufficiently stated in the opinion of the Court. Firstly. The devise in question is not a charge ujion the estate devised by the will. Secondly. Even assuming said devise to be a charge upon the estate, the appellee must show that the appellant prevented her by his conduct towards her,from having or enjoying a home on the farm. Thirdly. Assuming for the sake 'of the argument, that this devise is a charge upon the estate, the allowance made by the Court below is wholly out of proportion to the value…
1Opinion of the Court
Miller. <T.,
delivered the opinion of the Court.
The father of the appellee died in 1856, leaving a will which contains this clause: “I will and devise that my two daughters, Elizabeth H. and Mary H. Duvall, each have a per moment home during their single lives at Prospect Hill, my present residence, and that comfortable board be furnished them daring their residence there as aforesaid, by their brother James M. Duvall, at his expense, and the devises and bequests hereinafter made to him, will be made upon the condition that he furnish his sisters with their said board as directed.” He then…
2Cases cited3 opinions
- Willett v. CarrollCourt of Appeals of Maryland · 1859
- Tolson v. TolsonCourt of Appeals of Maryland · 1838
- Donnelly v. EdelenCourt of Appeals of Maryland · 1874
3Cited by6 opinions
- Peoples v. AultCourt of Appeals of Maryland · 1912
- Ogle v. TayloeCourt of Appeals of Maryland · 1878
- Gaither v. Fidelity-Baltimore National Bank & Trust Co.Court of Appeals of Maryland · 1955
- In Re RitterCourt of Appeals of Maryland · 1925
- Gadekar v. PhillipsCourt of Special Appeals of Maryland · 1977
1 more not listed; retrieve them via the Exa API.