Rodeheaver v. State

In his will, John Ellwood Hinebaugh left a substantial parcel of land, known as “Friend’s Delight,” to his friends Donald and Charlotte Sebold, provided, among other things, they did not alienate their interest in the property and continued to farm it. If they either did not comply with the terms and conditions of the devise or disclaimed the devise, the property was to pass, under the -will, to the State of Maryland, “subject to the same conditions and covenants.”

When the Sebolds did disclaim the devise, the State filed a complaint for declaratory judgment in the Circuit Court for Garrett…