Smith v. Darby
Court of Appeals of Maryland
Appeal from the Circuit Court for Washington County, in Equity. The bill in this case was filed by the appellee as guardian of the children of Leander McKee, deceased, against the appellants as executors of John McKee, deceased, to enforce against them a trust alleged to have been created by their testator in his life-time, in favor- of said children.
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Appeal from the Circuit Court for Washington County, in Equity. The bill in this case was filed by the appellee as guardian of the children of Leander McKee, deceased, against the appellants as executors of John McKee, deceased, to enforce against them a trust alleged to have been created by their testator in his life-time, in favor- of said children. The note or single bill referred to in the opinion of the Court, is as follows : $4000. One year after date, I promise to pay to John McKee, the sum of four thousand dollars, with interest from date, the interest payable semi-annually; the said…
1Opinion of the CourtG-kason, J.
The object of this suit is to enforce a trust against the executors of John McKee, which, it is alleged, was created by him in his life-time, in favor of the three infant children of his son Leander McKee.
The proof shows that Leander, before and at the time of his death, was indebted to his father in the sum of four thousand dollars, and that John McKee had repeatedly expressed the intention not to collect that sum from Leander, but to secure it to his, Leander’s children. After Leander’s death, John McKee had some correspondence and frequent conversations with William M. McDowell, who was…
2Cases cited3 opinions
- Gardner v. MerrittCourt of Appeals of Maryland · 1870
- Ringgold v. RinggoldCourt of Appeals of Maryland · 1826
- Cox v. HillCourt of Appeals of Maryland · 1854
3Cited by24 opinions
- Milholland v. WhalenCourt of Appeals of Maryland · 1899
- Taylor v. HenryCourt of Appeals of Maryland · 1878
- Spinoso v. Heilman (In Re Heilman)United States Bankruptcy Court, D. Maryland · 1999
- Coyne v. Supreme Conclave of the Improved Order of HeptasophsCourt of Appeals of Maryland · 1907
- Sturgis v. Citizens National BankCourt of Appeals of Maryland · 1927
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