Magruder v. Carroll
Court of Appeals of Maryland
Appeal from the Equity Side of the Circuit Court for Prince Georges county. Michael B. Carroll died in August 1851, leaving a will executed on the 10th of September 1837, by which he devised, “after payment of debts,” &c., as follows: “Item-, to my dear wife, Jane, I give and bequeath all my slaves, and do request that none of them may be sold or disposed of for the payment of my debts, but that provision shall be made for discharging the same out of the other personal…
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Appeal from the Equity Side of the Circuit Court for Prince Georges county. Michael B. Carroll died in August 1851, leaving a will executed on the 10th of September 1837, by which he devised, “after payment of debts,” &c., as follows: “Item-, to my dear wife, Jane, I give and bequeath all my slaves, and do request that none of them may be sold or disposed of for the payment of my debts, but that provision shall be made for discharging the same out of the other personal property and effects which I shall leave at the time of my death.” * * * “Item. — All the rest and residue of my property,…
1Opinion of the CourtLe Grand, C. J.
This is an appeal from an order of the circuit court of Prince George’s county, sitting as a court of equity, refusing to grant an injunction to prevent the sale, under an order of the orphans court of the same county, of certain negroes belonging to the estate of the late Michael B. Carroll.
The bill in substance alleges that, Mr. Carroll being possessed of a large estate, real and personal, made his will in 1837 and died in August 1851. That he specifically devised and bequeathed the principal part of his estate to his wife, who after making a will by which she manumitted the negroes, died…
2Cited by21 opinions
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- Alexander v. WorthingtonCourt of Appeals of Maryland · 1853
- Williar v. Baltimore Butchers' Loan & Annuity Ass'nCourt of Appeals of Maryland · 1877
- Lavender v. RosenheimCourt of Appeals of Maryland · 1909
- Gordon v. JamesMississippi Supreme Court · 1905
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