Creswell's Lessee v. Lawson
Court of Appeals of Maryland
.Appeal from Baltimore County court. Ejectment for a tract or parcel of land lying in the city oí Baltimore, called “ Cole’s Harbour, ” commenced by John Creswell, the younger, in his life time on the 23d of November, 1830, and continued by his widow and devisee after his death. The defendant took defence on warrant, and pleaded not guilty.
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.Appeal from Baltimore County court. Ejectment for a tract or parcel of land lying in the city oí Baltimore, called “ Cole’s Harbour, ” commenced by John Creswell, the younger, in his life time on the 23d of November, 1830, and continued by his widow and devisee after his death. The defendant took defence on warrant, and pleaded not guilty. At the trial it was admitted by the defendant, that the land and premises for which the action was brought, were a part of “ Cole’s Harbour,” for which a patent was duly granted on the 4th September, 1668. It was also admitted, that William Slater prior…
1Opinion of the CourtBuchanan, Chief Judge
A variety of questions have been raised in this case.
1. Whether the devise in the will of John Creswell, the elder, to Alexander McKim, in trust for the use of Hannah Slater for life, and after her death, for the use and benefit of Rebecca, wife of John Roy, Lydia Ball Slater, and Ann Sharp Slater, children of Hannah Slater is void for uncertainty ?
2. If not void for uncertainty, whether the property devised, is designated with sufficient certainty, to ascertain the particular lots intended to he given; or whether a right of election was given, as out of a designated mass, from which the…
2Cited by6 opinions
- In re Stickney's WillCourt of Appeals of Maryland · 1897
- Hammond v. HammondCourt of Appeals of Maryland · 1881
- Deleon Enterprises, Inc. v. ZainoCourt of Special Appeals of Maryland · 1992
- Phillips v. GannonIllinois Supreme Court · 1910
- B. Frank Joy Co. v. IsaacCourt of Appeals of Maryland · 1994
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