Benson v. Linthicum
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. Mrs. Mary Ann Linthicum, the plaintiff in this case, to whom her son, William Amasa Linthicum, devised all of his property of every kind, sold to the defendant, George M. Benson, a fiirm in Baltimore County, being a part of the same property that passed to her son under his father’s will.
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Appeal from the Circuit Court of Baltimore City. Mrs. Mary Ann Linthicum, the plaintiff in this case, to whom her son, William Amasa Linthicum, devised all of his property of every kind, sold to the defendant, George M. Benson, a fiirm in Baltimore County, being a part of the same property that passed to her son under his father’s will. Benson paid a part of the purchase money, and was ready and willing to pay the balance, as soon as the plaintiff could convey to him a good and valid title to the farm. He was unwilling, however, to pay said balance until the validity of the plaintiff’s title…
1Opinion of the CourtRobinson, J.
This is an appeal from a proforma decree of the Circuit Court of Baltimore City, rendered on a special case stated, under Equity Bules Eos. 47, 48 and 49. The sole question arises under the following clause of the will of Wm. A. Linthicum:
“I give and bequeath to my son, William Amasa, all my property, both real1 and personal, and, in case-he should die without heir, then, and in that case, it is my will and desire that it should be equally divided between my brothers and sisters.” (naming them).
*144The son thus named was the testator’s only child. He took possession of the property thus devised,…
2Cases cited1 opinion
- Gambrill v. Forest Grove Lodge, No. 4Court of Appeals of Maryland · 1886
3Cited by4 opinions
- Cowman v. ClassenCourt of Appeals of Maryland · 1929
- Lintz v. Holy Terror Mining Co.South Dakota Supreme Court · 1900
- Mercantile-Safe Deposit & Trust Co. v. PurifoyCourt of Appeals of Maryland · 1977
- Mercantile-Safe Deposit & Trust Co. v. PurifoyCourt of Appeals of Maryland · 1977