Schley v. McCeney
Court of Appeals of Maryland
Appeal from the Orphans’ Court of Anne Arundel County. On the 23d of April, 1867, there was deposited in the Orphans’ Court of Anne Arundel County, a paper purporting to be the last will and testament of Mrs. Eliza Higgins, wife of Dr. James Higgins, with memoranda showing the circumstances of the finding, and the reasons for depositing it with the Register of Wills.
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Appeal from the Orphans’ Court of Anne Arundel County. On the 23d of April, 1867, there was deposited in the Orphans’ Court of Anne Arundel County, a paper purporting to be the last will and testament of Mrs. Eliza Higgins, wife of Dr. James Higgins, with memoranda showing the circumstances of the finding, and the reasons for depositing it with the Register of Wills. This paper which purported to have been executed in virtue of the power vested in the testatrix by a deed of settlement, dated the 2d of March, 1849, revoked and altered the trusts in said deed, so as to leave to her husband only…
1Opinion of the CourtAlvey, J.
The appeal in this case is from the Orphans’ Court of Anne Arundel county, and the only question is, whether the will, or paper testamentary in the nature of a will, of Mrs. Eliza Higgins, wife of James Higgins, executed under a power, contained in a deed of settlement, was properly admitted to probate.
The property embraced by the deed, consisting of both real and personal, was that of the wife before marriage, and was conveyed to the husband in 1849, upon the following trusts, subject to the power of disposal by the wife: 1st, For the separate use of the wife during the marriage; 2d, after…
2Cases cited1 opinion
- Michael v. BakerCourt of Appeals of Maryland · 1858
3Cited by11 opinions
- Sewall v. WilmerMassachusetts Supreme Judicial Court · 1882
- O'Hara v. O'HaraCourt of Appeals of Maryland · 1945
- Olivet v. WhitworthCourt of Appeals of Maryland · 1896
- Leidy Chemicals Foundation, Inc. v. First National BankCourt of Appeals of Maryland · 1976
- In Re the Estate of De GarmendiaCourt of Appeals of Maryland · 1924
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