Legal Opinion

Thomas v. Higgins

Court of Appeals of Maryland

Decided February 15, 1878PublishedCited by 6 opinions

Appeal fromtbe Circuit Court for Dorchester County. On the 19th day of March, 1841, Daniel Martin, being seized of certain land in fee, by his deed of that date, in consideration of natural love and affection conveyed the same to James A. Waddell and Emmeline, his wife, who was the daughter of the said Martin, for and during their natural lives and the life of the survivor, the remainder to Daniel James Waddell and William Waddell, his grandchildren and the children of James…

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Appeal fromtbe Circuit Court for Dorchester County. On the 19th day of March, 1841, Daniel Martin, being seized of certain land in fee, by his deed of that date, in consideration of natural love and affection conveyed the same to James A. Waddell and Emmeline, his wife, who was the daughter of the said Martin, for and during their natural lives and the life of the survivor, the remainder to Daniel James Waddell and William Waddell, his grandchildren and the children of James and Emmeline, as tenants in common during their natural lives, remainder to the heirs of the body of the said Daniel…

1Opinion of the CourtBrent, J.

The questions arising upon this appeal, depend upon the construction of a deed executed by a certain Daniel Martin, wherein he conveyed on the 19th of March, 1841, the land in controversy as follows:

“Unto James A. Waddell and Emmeline, his wife, for their joint and natural lives, and to the survivor of them during his or her natural life, * * * * remainder to the said Daniel James Waddell and William Waddell, as tenan'ts in common, during the natural life of each of them; remainder to the heirs of the body of the said Daniel James Waddell and William Waddell respectively, and in default of…

2Cases cited2 opinions

  1. Horne v. LyethCourt of Appeals of Maryland · 1818
  2. Simpers v. SimpersCourt of Appeals of Maryland · 1860

3Cited by6 opinions

  1. Mazziotte v. Safe Deposit & Trust Co.Court of Appeals of Maryland · 1941
  2. In Re Clarke's WillCourt of Appeals of Maryland · 1951
  3. Cook v. CouncilmanCourt of Appeals of Maryland · 1909
  4. Dickson v. SatterfieldCourt of Appeals of Maryland · 1880
  5. Travers v. WallaceCourt of Appeals of Maryland · 1901

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