Legal Opinion

Gardenville Permanent Loan Ass'n v. Walker

Court of Appeals of Maryland

Decided July 16, 1879PublishedCited by 8 opinions

Appeal from the Circuit Court for Baltimore County, in Equity. John Frederick Walker devised his farm, on which he dwelt in Baltimore County, containing about ten acres, to his son, John Frederick Walker, Jr., “ upon condition that if my wife, Maria Leonora Walker, should survive me, that he, my said son, shall keep, provide for and support her during her natural life, and allow her to dwell and reside on said property with him and his family free of expense during her…

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Appeal from the Circuit Court for Baltimore County, in Equity. John Frederick Walker devised his farm, on which he dwelt in Baltimore County, containing about ten acres, to his son, John Frederick Walker, Jr., “ upon condition that if my wife, Maria Leonora Walker, should survive me, that he, my said son, shall keep, provide for and support her during her natural life, and allow her to dwell and reside on said property with him and his family free of expense during her lifetime.” At the time of the testator’s death there was a mortgage of $1000 upon the land which was subsequently paid and…

1Opinion of the CourtBartol, C. J.

Since the decision of Willett and Wife vs. Carroll, 13 Md., 459, and Donnelly vs. Edelin, 40 Md., 117, there can he no doubt that by the will of John Frederick Walker, deceased, the farm or parcel of land by him devised in fee to his son, John Frederick Walker, Jr., was charged with the burden of a reasonable support and maintenance of the appellee, the widow of the testator, during her life; and the appellant, having purchased the land, took the same subject to this charge.

A careful reading of the testimony in the record has brought us to the same conclusion reached by the Circuit Court,…

2Cases cited6 opinions

  1. Heuisler v. NickumCourt of Appeals of Maryland · 1873
  2. Willett v. CarrollCourt of Appeals of Maryland · 1859
  3. Neidig v. WhitefordCourt of Appeals of Maryland · 1868
  4. Woollen v. HillenCourt of Appeals of Maryland · 1850
  5. Alderson v. AmesCourt of Appeals of Maryland · 1854

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. G.E. Capital Mortgage Services, Inc. v. LevensonCourt of Appeals of Maryland · 1995
  2. Good v. GoldenMississippi Supreme Court · 1895
  3. In Re RitterCourt of Appeals of Maryland · 1925
  4. Warner v. BullenAppellate Court of Illinois · 1905
  5. Wilson v. BarnesCourt of Appeals of Maryland · 1934

3 more not listed; retrieve them via the Exa API.

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