Hindman v. State ex rel. Tosh
Court of Appeals of Maryland
Appeal from the Circuit Court for Cecil County. This was a suit instituted in the name of the State, for the use of Joseph N. Tosh, guardian of James Ellsworth Barnett, against Nicholas H. Barnett (who was returned non est hy the sheriff) and Robert N. Hindman, on the-guardian bond of the said Nicholas, upon which the said Robert was one of the securities. First and Second Exceptions, taken to the admission of' certain evidence, need not be stated.
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Appeal from the Circuit Court for Cecil County. This was a suit instituted in the name of the State, for the use of Joseph N. Tosh, guardian of James Ellsworth Barnett, against Nicholas H. Barnett (who was returned non est hy the sheriff) and Robert N. Hindman, on the-guardian bond of the said Nicholas, upon which the said Robert was one of the securities. First and Second Exceptions, taken to the admission of' certain evidence, need not be stated. Third Exception. — The plaintiff asked the following instruction: That if the jury shall find that Nicholas H. Barnett was appointed guardian of…
1Opinion of the CourtAlvey, C. J.
The controlling question in this case arises upon the terms of the will of James Tosh, deceased, and as to the duty of the executors under the will, in respect to a legacy of $400, bequeathed to James E. Barnett, a minor, to he paid.to him on his attaining the age of twenty-one years, the interest in the meantime to he paid to two other parties. The form and terms of the gift are as follows:
“ Secondly. I give and bequeath to my beloved grandson, James Ellsworth Barnett, son of Nicholas and Rebecca J. Barnett, the sum of four hundred dollars, to be p>aid to Mm when he arrives at the age of…
2Cases cited5 opinions
- Evans v. IglehartCourt of Appeals of Maryland · 1834
- State v. RobinsonCourt of Appeals of Maryland · 1882
- Carlysle v. CarlysleCourt of Appeals of Maryland · 1857
- Gunther v. State ex rel. BouldinCourt of Appeals of Maryland · 1869
- Hanson v. BrawnerCourt of Appeals of Maryland · 1852
3Cited by8 opinions
- People v. SeelyeIllinois Supreme Court · 1892
- Siechrist v. BoseCourt of Appeals of Maryland · 1898
- Zimmerman v. CoblentzCourt of Appeals of Maryland · 1936
- Guardianship of Snyder v. SnyderWisconsin Supreme Court · 1937
- Sharp v. State Ex Rel. BrownCourt of Appeals of Maryland · 1920
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