Darrington v. Rogers
Court of Appeals of Maryland
Appeal from the Court of Chancery. On the 11th October, 1841, the appellants filed their bill, alleging that they were legatees mentioned in the last will of Zachariah Woollen, who died in August, 1837; that by its provisions the real estate of the deceased is directed to be sold by his executors, and after payment of his debts, one half of the net proceeds are directed to be invested or lent out on mortgage, or on security, &c., and the rents and profits, &c., arising…
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Appeal from the Court of Chancery. On the 11th October, 1841, the appellants filed their bill, alleging that they were legatees mentioned in the last will of Zachariah Woollen, who died in August, 1837; that by its provisions the real estate of the deceased is directed to be sold by his executors, and after payment of his debts, one half of the net proceeds are directed to be invested or lent out on mortgage, or on security, &c., and the rents and profits, &c., arising therefrom to be applied for the separate use and sole benefit of the complainants; that Rebecca Woollen, widow of the…
1Opinion of the CourtDorsey, J.
The testator having directed the sale of all his real and personal estate, without any preceding devises or bequests, declares that he gives and disposes of the proceeds of sale, “and all the residue and remainder” of his “estate generally,” the one moiety or half part thereof, to trustees, for the benefit of his wife and children in the manner specified in his will, and the remaining moiety or half part, to trustees, for the benefit of the complainants. The testator thus divided his estate into two separate and distinct moieties; giving each moiety to different persons; and by nothing that…
2Cited by15 opinions
- Hanson v. WorthingtonCourt of Appeals of Maryland · 1858
- Mercantile Trust Co. v. SchlossCourt of Appeals of Maryland · 1933
- Hinkley v. House of RefugeCourt of Appeals of Maryland · 1874
- Marriott v. MarriottCourt of Appeals of Maryland · 1939
- Devecmon v. KuykendallCourt of Appeals of Maryland · 1899
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