Collins v. MacTavish
Court of Appeals of Maryland
Appeal from the Circuit Court-of Baltimore City. The decree from which this appeal was taken, is-nearly identical with the decree from what the appeal in the case of the same appellants against Foley, immediately preceding this case and argued with it, was taken. The lease in this case which the defendants were decreed to accept, was for the term of ninety-nine years from the 2nd of August, 18?6, renewable forever. The case is further stated in the opinion of this Court.
1Opinion of the CourtMiller, J.
In this case the authority of the appellee to make leases is founded upon the will of Charles Carroll Mactavish, which was admitted to probate in March, 1868. By this will the testator devised his residuary estate to his wife (the appellee), Marcella MacTavish, her heirs, executors and administrators in trust to apply the income and revenue thereof to her own use during her life, and after her death he devised the same to his four children, hut subject to certain limitations which it is unnecessary to state. Then, with respect to the powers of the said Marcella, he makes the following…
2Cases cited1 opinion
- Banks v. HaskieCourt of Appeals of Maryland · 1876
3Cited by3 opinions
- Marshall's Trustee v. MarshallCourt of Appeals of Kentucky (pre-1976) · 1928
- Montgomery Ward & Co. v. Norton's TrusteeCourt of Appeals of Kentucky (pre-1976) · 1934
- Pleasants v. WilsonCourt of Appeals of Maryland · 1915