Gray v. Lynch
Court of Appeals of Maryland
Appeal from the Court of Chancery. Benjamin Fergusson died in 1828, leaving a last will and testament, by which lie devised and bequeathed all his property to James Campbell, Edmund Lynch, and Samuel McDonald, whom he appointed his executors, in trust, to sell and convert it into money, except certain specified portions, and then provided as follows: “ And it is my will and desire, that when all my property, not heretofore otherwise disposed of, is sold, and the proceeds…
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Appeal from the Court of Chancery. Benjamin Fergusson died in 1828, leaving a last will and testament, by which lie devised and bequeathed all his property to James Campbell, Edmund Lynch, and Samuel McDonald, whom he appointed his executors, in trust, to sell and convert it into money, except certain specified portions, and then provided as follows: “ And it is my will and desire, that when all my property, not heretofore otherwise disposed of, is sold, and the proceeds received by my said trustees, that they shall invest the same in some safe and prof table stock, and shall also invest all…
1Dissent
Magruder, J.,
dissented, and delivered the following opinion:
In dissenting from, the opinion of the majority of the court, I do not wish to be understood, as subscribing to all the legal-positions which were taken by the counsel for the appellants. I may say, however, that there are points, of which 1 do not mean here to take notice, which I would rather should become the settled law of Maryland without, than by, my agency. Trustees are safe, when they act in the execution of the trust, by the advice of the chancellor, and his directions in regard to the investment or reinvestment of the trust…
Also in this document: Opinion of the Court.
2Cases cited2 opinions
- Franklin v. OsgoodCourt for the Trial of Impeachments and Correction of Errors · 1817
- Ringgold v. RinggoldCourt of Appeals of Maryland · 1826
3Cited by25 opinions
- Lámar v. MicouSupreme Court of the United States · 1884
- Board of Trustees of the Employees' Retirement System v. Mayor of Baltimore CityCourt of Appeals of Maryland · 1989
- Fox v. HarrisCourt of Appeals of Maryland · 1922
- Zimmerman v. FraleyCourt of Appeals of Maryland · 1889
- Green v. LombardCourt of Special Appeals of Maryland · 1975
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