Donnelly v. Edelen
Court of Appeals of Maryland
Appeal from the Circuit Court for Charles County, in Equity. In the year 1853, Edward Edelen, of Charles County, died, leaving a will, in which, among other things, he devised as follows: “Item.—I give and devise unto my son, Leonard Edelen, my tract of land which I now live on, containing several pieces or parts of tracts of land, called ‘St. Thomas’ Plague,’ and ‘Woods,’ and ‘Hawkins’ Addition,’ to him and his heirs forever, with this proviso, that my five daughters,…
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Appeal from the Circuit Court for Charles County, in Equity. In the year 1853, Edward Edelen, of Charles County, died, leaving a will, in which, among other things, he devised as follows: “Item.—I give and devise unto my son, Leonard Edelen, my tract of land which I now live on, containing several pieces or parts of tracts of land, called ‘St. Thomas’ Plague,’ and ‘Woods,’ and ‘Hawkins’ Addition,’ to him and his heirs forever, with this proviso, that my five daughters, Elizabeth, Roberta, Laura, Ann and Maria, shall have a home in the house, and a reasonable and moderate support during their…
1Opinion of the CourtAlvey, J.
Upon full examination of this case, we discover nothing in it that will justify a reversal of the decree appealed from. The cases of Tolson vs. Tolson, 8 Gill, 376, and Willett and Wife vs. Carroll, 13 Md., 459, would seem to be conclusive of the right asserted by the complainants. The will of the father provides, not only a home for his daughters, during their single lives, on the farm devised to the son, but for a reasonable and moderate support therefrom; and the devise to the son being subject to the condition of furnishing such home and reasonable support, that condition or proviso…
2Cases cited2 opinions
- Willett v. CarrollCourt of Appeals of Maryland · 1859
- Tolson v. TolsonCourt of Appeals of Maryland · 1849
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- Sanitary Facilities II, Inc. v. BlumCourt of Special Appeals of Maryland · 1974
- Gardenville Permanent Loan Ass'n v. WalkerCourt of Appeals of Maryland · 1879
- Meakin v. DuvallCourt of Appeals of Maryland · 1875
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