Legal Opinion

Spence v. Robins

Court of Appeals of Maryland

Decided June 15, 1834PublishedCited by 8 opinions

Appeai, from Worcester county court as a court of equity. The appellant, on the 7th day of November, 1833, filed his bill on the equity side of Worcester county court, against the appellee, alleging that he, the appellant, in right of his wife, one of the daughters of James B. Robins, deceased, was entitled to a legacy of $2,000 under the will of her father.

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Appeai, from Worcester county court as a court of equity. The appellant, on the 7th day of November, 1833, filed his bill on the equity side of Worcester county court, against the appellee, alleging that he, the appellant, in right of his wife, one of the daughters of James B. Robins, deceased, was entitled to a legacy of $2,000 under the will of her father. The bill charged that the testator died in October, 1826, seized and possessed of a large real estate, which he devised to his wife for life, and after her death to his youngest son, an infant, during his life-time, and after his death to…

1Opinion of the CourtStephen, J.

The question arising in this case is important and interesting to the parties, and the decision of it has been found not free from difficulty. It arises upon the construction to be given to the will of the late Judge Robins, in that part of it which contains the following devises and bequest. After giving to his wife a life estate in certain of his lands he devises the same in the following manner : “ from and after her decease, I give and devise the said real estate and lands which I have herein before given to her during her natural life, to my youngest son during his natural life, and no…

2Cases cited1 opinion

  1. Lupton v. LuptonNew York Court of Chancery · 1817

3Cited by8 opinions

  1. Tayloe v. MosherCourt of Appeals of Maryland · 1868
  2. Fisher v. WagnerCourt of Appeals of Maryland · 1909
  3. Webb v. WebbCourt of Appeals of Maryland · 1900
  4. Garrison v. HillCourt of Appeals of Maryland · 1894
  5. Buchanan v. LloydCourt of Appeals of Maryland · 1898

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