Legal Opinion

Torrance v. Torrance

Court of Appeals of Maryland

Decided June 15, 1853PublishedCited by 6 opinions

Appeal from the Equity Side of Baltimore county court. Charles Torrance died in 1822, leaving a will duly executed to pass real estate, by which he devised to his wife, Elizabeth Torrance, during her natural life, the whole of his estate, real and persona], and then directed as follows: “And as to what shall become of it after her decease, I do hereby authorise and empower my said wife, Elizabeth, by deed, will, or otherwise, to give, grant, convey, devise or dispose of my…

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Appeal from the Equity Side of Baltimore county court. Charles Torrance died in 1822, leaving a will duly executed to pass real estate, by which he devised to his wife, Elizabeth Torrance, during her natural life, the whole of his estate, real and persona], and then directed as follows: “And as to what shall become of it after her decease, I do hereby authorise and empower my said wife, Elizabeth, by deed, will, or otherwise, to give, grant, convey, devise or dispose of my said estate Tinto and among all op such of my children, or their issue, in such manner and proportion, and for such term…

1Opinion of the CourtMason, J.

Charles Torrance devised to his wife, Elizabeth Torrance, for her natural life, the whole' of his estate, both real and personal. He then confers upon her the power to dispose of the estate, with two restrictions attached. In the first place, she is required to dispose of the estate “among all or such of my children or their issue, in such manner and proportion, and for such time and estate, as she shall think fit.” The second restriction or condition requires, “that the respective shares or portions, designed for my daughters, shall be secured to them, for life, free and clear of any control…

2Cases cited3 opinions

  1. Ide v. IdeMassachusetts Supreme Judicial Court · 1809
  2. Ware v. RichardsonCourt of Appeals of Maryland · 1853
  3. Chelton v. HendersonCourt of Appeals of Maryland · 1850

3Cited by6 opinions

  1. Perkins v. IglehartCourt of Appeals of Maryland · 1944
  2. Hooper v. HooperMassachusetts Supreme Judicial Court · 1909
  3. Tongue's Lessee v. NutwellCourt of Appeals of Maryland · 1859
  4. Conner v. WaringCourt of Appeals of Maryland · 1880
  5. Canal Company's CaseCourt of Appeals of Maryland · 1896

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