Legal Opinion

Cole v. Ensor

Court of Appeals of Maryland

Decided June 15, 1853PublishedCited by 6 opinions

Appeal from the Orphans Court of Baltimore county. Salathiel Cole, by bis will, executed on the 22nd of August 1822, devised all the rest and residue of his estate, both real and personal, to his mother, Mrs. Artridge Cole, during her single life, and after her death or marriage, then over to his sisters. Part of this residue consisted of two negro women, Mary and Harriet, who, while in possession of Mrs. Cole, the tenant for life, had issue, ten children.

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Appeal from the Orphans Court of Baltimore county. Salathiel Cole, by bis will, executed on the 22nd of August 1822, devised all the rest and residue of his estate, both real and personal, to his mother, Mrs. Artridge Cole, during her single life, and after her death or marriage, then over to his sisters. Part of this residue consisted of two negro women, Mary and Harriet, who, while in possession of Mrs. Cole, the tenant for life, had issue, ten children. Mrs. Artridge Cole, by her will, executed on the 14th of December 1847, after several specific bequests, gave to her daughter, Maranda,…

1Opinion of the CourtMason, J.

The present pontroversy grows out of the construction of the following clause in the will of Mrs. Artridge Cole, to wit: “I give and devise unto my grandson, Salathiel Cole, my negro girl Beck, together with the rest and residue of my estate, consisting of household furniture, cattle, horses, farming utensils, all and singular, of whatever kind, named or intended to be named; likewise all the produce of the farm, and all the produce that shall be growing on the farm at the time qf my death.”

At the time ef the death of the testatrix she was owner of Sten negro slaves, which were not…

2Cases cited2 opinions

  1. Delamater's EstateSupreme Court of Pennsylvania · 1836
  2. McChesney v. BruceCourt of Appeals of Maryland · 1851

3Cited by6 opinions

  1. West Virginia Central & Pittsburg R. Co. v. State Ex Rel. FullerCourt of Appeals of Maryland · 1903
  2. Potomac Edison Co. v. JohnsonCourt of Appeals of Maryland · 1930
  3. Hemsley v. HollingsworthCourt of Appeals of Maryland · 1913
  4. Lyon v. Safe Deposit & Trust Co.Court of Appeals of Maryland · 1913
  5. Albert v. Safe Deposit & Trust Co.Court of Appeals of Maryland · 1918

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