Legal Opinion

Mercer v. Hopkins

Court of Appeals of Maryland

Decided June 30, 1898PublishedCited by 14 opinions

Appeals from the Circuit Court of Baltimore City (Wickes, J.). The will of Johns Hopkins, construed in this case, is dated July 9th, 1870. The first codicil is dated October 31st, 1871, and the second codicil December 13th, 1873. In this latter, the testator made a few minor changes in his will, not affecting the property concerned in this case, and added “ In other respects I do confirm my said will and any codicil thereto heretofore made.”

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Appeals from the Circuit Court of Baltimore City (Wickes, J.). The will of Johns Hopkins, construed in this case, is dated July 9th, 1870. The first codicil is dated October 31st, 1871, and the second codicil December 13th, 1873. In this latter, the testator made a few minor changes in his will, not affecting the property concerned in this case, and added “ In other respects I do confirm my said will and any codicil thereto heretofore made.” The testator died December 24th, 1873. After the clause of the will giving three-eighths of the property in question in this case, to trustees for Ella…

1Opinion of the CourtFowler, J.

This appeal brings before us for construction several clauses of the will of the late Johns Hopkins of Baltimore City.

Neither the validity of the will nor of any part of it is assailed. But it is alleged that doubts have been suggested as to its true construction in so far as it relates to that portion of the testator’s estate devised to the trustees in trust for James Monro.e Mercer, and the children of Samuel Hopkins, a deceased brother of the testator, and their issue.

The testator devised to the trustees valuable property in the city of Baltimore in the following terms: “ In trust…

2Cases cited6 opinions

  1. Barnitz's Lessee v. CaseySupreme Court of the United States · 1813
  2. Ware v. RichardsonCourt of Appeals of Maryland · 1853
  3. Randall v. RandallCourt of Appeals of Maryland · 1897
  4. Buck v. LantzCourt of Appeals of Maryland · 1878
  5. Brown v. RenshawCourt of Appeals of Maryland · 1881

1 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Marshall v. Safe Deposit & Trust Co.Court of Appeals of Maryland · 1905
  2. Mercer v. Safe Deposit & Trust Co.Court of Appeals of Maryland · 1900
  3. Perkins v. IglehartCourt of Appeals of Maryland · 1944
  4. Cowman v. ClassenCourt of Appeals of Maryland · 1929
  5. Dickey v. WalrondCalifornia Supreme Court · 1927

9 more not listed; retrieve them via the Exa API.

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