Legal Opinion

Neal v. Comegys

Court of Appeals of Maryland

Decided June 13, 1871PublishedCited by 1 opinion

Appeal from the Circuit Court for Kent County. Ejectment instituted by the appelknts against the appellee, to recover possession of a tract of land in Kent county. George Real, on the 22d of May, 1828, made and executed his will, and died the same year without issue.

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Appeal from the Circuit Court for Kent County. Ejectment instituted by the appelknts against the appellee, to recover possession of a tract of land in Kent county. George Real, on the 22d of May, 1828, made and executed his will, and died the same year without issue. The testator had adopted as his son, his wife’s nephew, George Real Hines, and treated and educated him as such; and by a clause in his will, which will be found in the opinion of this Court, he devised to this adopted son the land in controversy. After the death of the testator, George Real Hines entered into possession of the…

1Opinion of the CourtBartol, C. J.

The appellants, who were plaintiffs below, claim title to the land in question, under the will of George Heal. The appellee claims title under the same will, having acquired by mesne conveyances the estate which was devised to George Heal Hines, the first devisee.

The decision of the case turns upon the construction of the following clause of the will :

“I give and devise the farm, &c., to my late wife’s, Sarah Heal deceased, nephew, George Heal Hines, and to the heirs of his body, lawfully begotten, forever; and, in case the said George Heal Hines shall die under the age of twenty-one years of…

2Cases cited3 opinions

  1. Raborg's Adm'x. v. Hammond's Adm'r.Court of Appeals of Maryland · 1827
  2. Newton v. GriffithCourt of Appeals of Maryland · 1827
  3. Roe v. DoeCourt of Appeals of Maryland · 1864

3Cited by1 opinion

  1. Long v. LongCourt of Appeals of Maryland · 1884

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