Jones v. Jones
Court of Appeals of Maryland
Appeal from the Court of Chancery. Evan Jones, a citizen of Chester county, in the Slate of Pennsylvania, died in September, 1845, seized of real and personal estate, both in that State and in Maryland, leaving a last will and testament, by which he bequeaths as follows: “First.—I give and bequeath to my son, Benjamin, all my estate, real, personal or mixed, with the following exceptions: All the accounts against John, I give to him, and the improvements I made on the farm…
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Appeal from the Court of Chancery. Evan Jones, a citizen of Chester county, in the Slate of Pennsylvania, died in September, 1845, seized of real and personal estate, both in that State and in Maryland, leaving a last will and testament, by which he bequeaths as follows: “First.—I give and bequeath to my son, Benjamin, all my estate, real, personal or mixed, with the following exceptions: All the accounts against John, I give to him, and the improvements I made on the farm belonging to his mother, which I think is sufficient. I allow the line for him on the east side to be along a new post…
1Opinion of the CourtPrick, J.
The controversy in this case arises under the construction of ■an instrument of writing purporting to be the will of Evan Jones, in which ¡he testator undertakes to dispose of the lands of his wife upon conditions, which it is claimed impose upon the devisee, one of his heirs, the obligation to confirm to the •other a devise to him of “all the testator’s (own) estate, real, personal and mixed.” It was presented in the court of chancery, by the appellee, as a case of election, and the chancellor having so treated it, the present appeal is from his decree to the Court of Appeals.
The testator…
2Cited by11 opinions
- Washburn v. Van SteenwykSupreme Court of Minnesota · 1884
- McLaughlin v. BarnumCourt of Appeals of Maryland · 1869
- Smith v. TownshendCourt of Appeals of Maryland · 1867
- Barbour v. MitchellCourt of Appeals of Maryland · 1874
- Van Dyke's AppealSupreme Court of Pennsylvania · 1869
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