Burroughs v. Gaither
Court of Appeals of Maryland
Appeal from the Circuit Court for Prince George's County, in Equity. The record in this case, is quite voluminous and contains much that has no hearing upon the questions which the present appeal presents for review, and only such of the facts and proceedings as bear upon those questions need he stated.
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Appeal from the Circuit Court for Prince George's County, in Equity. The record in this case, is quite voluminous and contains much that has no hearing upon the questions which the present appeal presents for review, and only such of the facts and proceedings as bear upon those questions need he stated. The record shows that Richard D. Burroughs died in 1870, leaving a will by which he devised all his real and personal estates to his only son and child, John W. Burroughs, to hold the same “ in trust for the children of my said son and Mary E., his wife, now living or that may hereafter be…
1Opinion of the CourtMiller, J.
There is no difficulty as to the construction of the trust created by the will of Richard D. Burroughs, and the codicil thereto. It is plain that his son, the trustee named in the will, took no beneficial interest whatever either in the trust property itself or the income therefrom. He held the property in trust for, and was hound to apply all its income to, “ the maintenance, education and advancement ” of his children, and'to do this until the youngest child attained the age of twenty-one years. Hor can there be any doubt as to its being a trust over which a Court of equity had…
2Cases cited1 opinion
- Phillips v. PearsonCourt of Appeals of Maryland · 1867
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- Weakley v. BarrowTennessee Supreme Court · 1916
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