Watkins v. Sears
Court of Appeals of Maryland
Appeal from the Court of Chancery. The bill in this cause, was filed on the 17th December 1844, by the appellants, and after referring to the last will of' Caleb Sears, it alleged, that shortly after making it, the said Caleb Sears departed this life.
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Appeal from the Court of Chancery. The bill in this cause, was filed on the 17th December 1844, by the appellants, and after referring to the last will of' Caleb Sears, it alleged, that shortly after making it, the said Caleb Sears departed this life. That after the death of the said Caleb, your oratrix intermarried with your orator; and that Dennis D. Sears, mentioned in said will, departed this life intestate and without issue, leaving Eliza, Ducretia, and Charles, his brother, and sisters, his heirs at law. That the said Dennis, on the day of his death, had attained to the age of nearly…
1Opinion of the CourtDorsey, J.
By the devise on which the questions before us arise, the testator gives the land in dispute, “to his son, Dennis D. Pears, his heirs and assigns forever, provided he shall attain the age of twenty-one years, or die, leaving issue; but in case my son Dennis shall die without issue, or before he arrives at twenty-one years of age, 1 then give and devise the said northern half of my farm to my two daughters, Lucretia and Eliza, to be equally divided between them, so long as they remain unmarried; but whenever either, or both of my said daughters, shall die or marry, I give and devise the…
2Cases cited2 opinions
- Kenyon v. City of IndianapolisIndiana Superior Court · 1872
- Arnold v. BuffumU.S. Circuit Court for the District of Rhode Island · 1820
3Cited by3 opinions
- Pennington v. PenningtonCourt of Appeals of Maryland · 1889
- Wollen v. FrickCourt of Appeals of Maryland · 1873
- Dengel v. BrownCourt of Appeals for the D.C. Circuit · 1893