Legal Opinion

Miller v. Williamson

Court of Appeals of Maryland

Decided December 15, 1853PublishedCited by 16 opinions

Appeal from the Court of Chancery. This appeal is taken from a decision of the chancellor, reported in 2 Md. Ch. Decisions, 94. The facts of the case are briefly these: Mrs. Mary Ann Jones, by her will, executed in 1841, devised certain real and personal estate to her niece, Anne S. Williamson, wife of Charles A. Williamson, “for her sole and separate use, benefit and be-hoof” during her natural life, then to her said husband for life if he survived her, then after the death…

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Appeal from the Court of Chancery. This appeal is taken from a decision of the chancellor, reported in 2 Md. Ch. Decisions, 94. The facts of the case are briefly these: Mrs. Mary Ann Jones, by her will, executed in 1841, devised certain real and personal estate to her niece, Anne S. Williamson, wife of Charles A. Williamson, “for her sole and separate use, benefit and be-hoof” during her natural life, then to her said husband for life if he survived her, then after the death of the longest liver of them to Mrs. Williamson’s children and their descendants, if any, and if none, (hen $500…

1Opinion of the Court

Le Grand, C. J.,

delivéred the opinion of this court.

The facts in this case which it is important for us to notice are but few. The appellants’ claim rests entirely on the assignment executed on the 1st February 1849, and the effect of the settlement of a final account in the orphans court by Charles A. Williamson, as executor of Mrs. Jones, and the execution of the release to him by his wife, Mrs. Ann S. Williamson.

The assignment of Williamson to the appellants was as "executor and devisee,” and, independently of any other fact, could convey to them nothing beyond his interest as devisee, or…

2Cases cited2 opinions

  1. Tiernan v. PoorCourt of Appeals of Maryland · 1829
  2. State v. JohnstonGeneral Court of Virginia · 1786

3Cited by16 opinions

  1. Smith v. AyerSupreme Court of the United States · 1880
  2. Cooke v. HusbandsCourt of Appeals of Maryland · 1857
  3. Mason v. Pate'sSupreme Court of Alabama · 1859
  4. Warfield v. RavesiesSupreme Court of Alabama · 1863
  5. Thomasson v. BrownIndiana Supreme Court · 1873

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