Tayloe v. Mosher
Court of Appeals of Maryland
. Appeal from the Superior Court of Baltimore City, sitting in Equity. The bill in this case was filed by John Tayloe, Jr., the only child of Imogene Tayloe, deceased, to procure the construction of a portion of the will of his great grand-father, James Mosher, deceased. The portion of the will in controversy, and the facts of the case, are sufficiently set forth in the opinion of the court.
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. Appeal from the Superior Court of Baltimore City, sitting in Equity. The bill in this case was filed by John Tayloe, Jr., the only child of Imogene Tayloe, deceased, to procure the construction of a portion of the will of his great grand-father, James Mosher, deceased. The portion of the will in controversy, and the facts of the case, are sufficiently set forth in the opinion of the court. In support of the appeal, it is insisted that the devises and bequests vested at the time of the death of the testator, and that distribution was to take place for the convenience of the estate. Fearne on…
1Opinion of the Court
*Miller, J.,
delivered the opinion of the court.
The first inquiry in this case is, did Mrs. Imogene Tayloe, the mother of the complainant, take, under the will of her grand-father, James Mosher, any interest transmissible to her son? Upon the answer to this question depends the complainant’s right to any relief; and it must be decided, because we are of opinion if his mother did take such interest, he is entitled to a part of the relief prayed in his bill.
By this will, executed in February, 1840, the testator, subject to the devises, bequests and dispositions in favor of his wife and his…
2Cases cited5 opinions
- Snively v. BeavansCourt of Appeals of Maryland · 1851
- Fenby v. JohnsonCourt of Appeals of Maryland · 1864
- Spence v. RobinsCourt of Appeals of Maryland · 1834
- Waters v. WatersCourt of Appeals of Maryland · 1866
- O'Byrne v. ClagettCourt of Appeals of Maryland · 1856
3Cited by49 opinions
- Scott v. WestWisconsin Supreme Court · 1885
- Barnum v. BarnumCourt of Appeals of Maryland · 1875
- Kellett v. ShepardIllinois Supreme Court · 1891
- Shufeldt v. ShufeldtWashington Supreme Court · 1924
- Cropley v. CooperSupreme Court of the United States · 1874
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