Benson v. Wright
High Court of Chancery of Maryland
Pel tMs case, the construction of the following clause of the. will of Hannah Benson, executed on the 5th of July, 1845, was submitted to the Chancellor. The testatrix had devised all the residue of her estate to the defendants, in trust, as to one-.half for the benefit of certain parties, and the will then contains this clause.
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Pel tMs case, the construction of the following clause of the. will of Hannah Benson, executed on the 5th of July, 1845, was submitted to the Chancellor. The testatrix had devised all the residue of her estate to the defendants, in trust, as to one-.half for the benefit of certain parties, and the will then contains this clause. “ And as to the other half of said estate and property in trust for the use of the children of Margaret Swornstedt, the daughter of my late husband, Peter Benson; the children of William Benson, the son of my said late husband, and Greorge Benson, also a son of my…
1Opinion of the Court
The Chancellor:
My opinion is, that according to the legal construction of the will of the testatrix, Hannah Benson, upon which the direction of the court is asked in this case, the child or children of Margaret Swornstedt and William Benson, born since the death of the testatrix, are to be excluded from the benefit of the bequest, but that all the children of these parties born prior to that period are entitled to participate equally therein with George Benson. That the children of the persons named, born before the death of the testatrix, and George Benson, take per capita and equally.
That…
2Cases cited1 opinion
- Kent's Adm'rs v. TaneyhillCourt of Appeals of Maryland · 1833
3Cited by8 opinions
- Darden v. BrightCourt of Appeals of Maryland · 1938
- Lycett v. ThomasCourt of Appeals of Maryland · 1927
- Newlin v. Mercantile Trust Co.Court of Appeals of Maryland · 1932
- Dawson v. AkersCourt of Appeals of Maryland · 1916
- Clarke v. CLARKE, TRUSTEECourt of Appeals of Maryland · 1960
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