Fenby v. Johnson
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City : On the 24th day of October 1856, James Johnson of Baltimore, made his last will and testament, whereby, after directing his just debts and funeral expenses to be .paid by his executors, he devised and bequeathed as follows: “I give, devise and bequeath- to my wife, an undivided third of all my estate and property, to be held by her for and during tbe term of her natural life or widowhood, whichever shall terminate tbe…
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Appeal from the Circuit Court of Baltimore City : On the 24th day of October 1856, James Johnson of Baltimore, made his last will and testament, whereby, after directing his just debts and funeral expenses to be .paid by his executors, he devised and bequeathed as follows: “I give, devise and bequeath- to my wife, an undivided third of all my estate and property, to be held by her for and during tbe term of her natural life or widowhood, whichever shall terminate tbe soonest; and from and after the death or second marriage of my said wife, I give, devise and bequeath said undivided third to…
1Opinion of the CourtBartol, J.
The main question arising upon this appeal, and as it appears by the opinion of the Judge of-the Circuit Court, the only question submitted to him at the hearing of the cause, involves the construction of the will of James Johnson, deceased. The particular clause of the will, which has given rise to this controversy, after giving to the wife of the testator one third of his estate and property during "her life or widowhood, is as follows:
“I give, devise and bequeath the other two undivided thirds to my children equally. But it is my will, that in case both my children shall die in their…
2Cases cited1 opinion
- Barnes v. CrainCourt of Appeals of Maryland · 1849
3Cited by8 opinions
- Tayloe v. MosherCourt of Appeals of Maryland · 1868
- Home for Incurables v. BruffCourt of Appeals of Maryland · 1931
- Smith v. UsherSupreme Court of Georgia · 1899
- Davidson v. BlausteinDistrict Court, D. Maryland · 1965
- Boyd v. BoydCourt of Special Appeals of Maryland · 1975
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