Straus v. Rost
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. The petition of the appellee, referred to in the opinion of the Court, is as follows: The petition of George August Rost, an infant, hy Adolph Y. Diedel, his next friend, humbly shows unto your honor, that by the true construction of the will of George Rost, filed with the bill in this cause, Sophia Rost, his widow, became a tenant for life in his whole estate, defeasible upon her marriage, upon which event the whole of the…
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Appeal from the Circuit Court of Baltimore City. The petition of the appellee, referred to in the opinion of the Court, is as follows: The petition of George August Rost, an infant, hy Adolph Y. Diedel, his next friend, humbly shows unto your honor, that by the true construction of the will of George Rost, filed with the bill in this cause, Sophia Rost, his widow, became a tenant for life in his whole estate, defeasible upon her marriage, upon which event the whole of the estate was to be divided as though the testator had died intestate, that is to say, one-third of the personalty absolutely…
1Opinion of the CourtMiller, J.
This appeal presents two questions, one of which depends upon the construction of the will of George Rost. The testator died in December, 1871, and after providing for the payment of his debts and funeral expenses, the whole of his will is as follows :
“I devise and bequeath unto my beloved wife, Sophia, so long as she remains my widow, and if she do not marry again, then for and during the term of her natural life, all the property of every nature and kind, whether real, personal or mixed, and inclusive of all claims, whether legal or equitable, which'I now have and possess, or which I I may…
2Cases cited9 opinions
- Tayloe v. MosherCourt of Appeals of Maryland · 1868
- Thruston v. DevecmonCourt of Appeals of Maryland · 1869
- Engel v. State ex rel. GeigerCourt of Appeals of Maryland · 1886
- Downes v. FrielCourt of Appeals of Maryland · 1882
- Gechter v. GechterCourt of Appeals of Maryland · 1879
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3Cited by38 opinions
- Archer v. JacobsSupreme Court of Iowa · 1904
- Bunting v. SpeekSupreme Court of Kansas · 1889
- Larmour v. RichCourt of Appeals of Maryland · 1889
- Witty v. WittySupreme Court of North Carolina · 1922
- Executors of Fooks v. GhingherCourt of Appeals of Maryland · 1937
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