Bowly's Lessee v. Lammot
Court of Appeals of Maryland
Appeal from Baltimore county court. Ejectment, for a. tract of land called Chatsyiorth, lying ip. Baltimore county. Defence, was taken on warrant, and plots wore made.
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Appeal from Baltimore county court. Ejectment, for a. tract of land called Chatsyiorth, lying ip. Baltimore county. Defence, was taken on warrant, and plots wore made. At the trial it was admitted, by the parti.es that William Lux, deceased, was seized ip ' fee simple, on the 1st of January 1773, of the tract ot land callee] Chatsworlh, granted to him by patent, containing, 95,0. acres; and being so seized, made his will on the 5th of May 1773, whereby he devised, among other things as follows: “Am.I give and bequeath to iny dear yife Jlgnes Lux, for and during her natural life., my tract of…
1Opinion of the Court
Chase, Ch. j.
delivered the opinion of the court. The following principles prevail in the construction of wills. The intention of the testator is to he collected from the words of the will, and the whole of the will is to be con* sidered and compared together. Such construction mast be made as will gratify every part of the will, if it can be done consistent with the general intent.
The question is, whether the testator intended an immediate devise of the Rope- Walk to his nephew Daniel Bowly, or intended it to be a contingent executory devise in Bowly, depending on the executory devise to Ann…
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