Gilpin v. Hollingsworth
Court of Appeals of Maryland
Appeal from Cecil county court. This was an action of ejectment, brought by the appellants to recover an undividcdjhird part of a certain tract of land mentioned in the declaration.
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Appeal from Cecil county court. This was an action of ejectment, brought by the appellants to recover an undividcdjhird part of a certain tract of land mentioned in the declaration. The case was submitted to the court below upon an agreed statement of facts, in substance, as fallows: Henry Hollingsworth, who was twice married, died in 1803, seized in fee in his own right, (and not in the- right of either of his wives,) of the land in dispubL leaving a will containing the residuary clause quoted(tf^&he opinion of this court, and also leaving two children, and Wihram,by his first wife, and…
1Opinion of the CourtTuck, J.
The will of Henry Hollingsworth contained the following clause: “All the rest and residue of my estate, real, personal or mixed, whatsoever or wheresoever, I give, devise and bequeath, to be divided amongst all my children, in equal shares and portions, to them, their .heirs' and assigns, forever.” He left children, of the whole a-»d-of the half blood. If his children took by descent, and not by purchase, the plaintiffs are entitled to recover, being of the half blood; if, on the contrary, the property passed by the will, the defendants, being of the whole blood, must succeed.
“Where the same…
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