Biscoe v. Biscoe
Court of Appeals of Maryland
Appeal from Saint Mary's county court. This was an action- of Replevin, instituted by the appellant against the appellee, on the 2Sth of November, 1831, for a negro slave named Samuel; the title to whom depended upon the following clause in the will of Anna Biscoe, dated 8th March, 1824, and proved on the 11th of May, of the same year.
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Appeal from Saint Mary's county court. This was an action- of Replevin, instituted by the appellant against the appellee, on the 2Sth of November, 1831, for a negro slave named Samuel; the title to whom depended upon the following clause in the will of Anna Biscoe, dated 8th March, 1824, and proved on the 11th of May, of the same year. “ítem, Í give and bequeath to my nephew John McKay Biscoe, my slave Samuel; in case the said John McKay Biscoe should die without lawful heir of his body, I then give the said slave Samuel, to my nephew Thomas Kayton Biscoe,” (the plaintiff in this action.) The…
1Opinion of the Court
Buchanan, Ch. J.,
delivered the opinion of the court.
It is a well known and inflexible rule, which hardly needs to be stated here, that no limitation can be good and operative as an executory devise, unless it be upon a contingency that must happen, if at all, within a life or lives in being, and twenty-one years, and a portion of a year afterwards, allowing for the time of gestation; and that if it be upon an event, or contingency, which may, or may nal happen within the prescribed limits, that the limitation is voidab initio, and cannot take effect, notwithstanding the event should…
2Cited by14 opinions
- Gambrill v. GambrillCourt of Appeals of Maryland · 1914
- Safe Deposit & Trust Co. v. SheehanCourt of Appeals of Maryland · 1935
- Tongue's Lessee v. NutwellCourt of Appeals of Maryland · 1859
- Bowerman v. TaylorCourt of Appeals of Maryland · 1915
- Turner v. Safe Deposit & Trust Co.Court of Appeals of Maryland · 1925
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