Dougherty v. Monett's Lessee
Court of Appeals of Maryland
Appeal from Calvert County Court. The appellee, who is one of the heirs at law of Francis Williams the testator, brought the present Ejectment against the appellants, who claim under Francis Williams, the devisee, on the 6th of October, 1828. The will which was executed in May, and proved in June, 1796, contained the following clauses.
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Appeal from Calvert County Court. The appellee, who is one of the heirs at law of Francis Williams the testator, brought the present Ejectment against the appellants, who claim under Francis Williams, the devisee, on the 6th of October, 1828. The will which was executed in May, and proved in June, 1796, contained the following clauses. “Item, I give, and bequeath to my six daughters, (naming them) the house and lot I now keep tavern in, and two acres of land, the most convenient, adjoining the aforesaid house and lot, to them, and their heirs forever.” “Item, my will and desire is, that my…
1Opinion of the Court
Buchanan, Ch. J.,
delivered the opinion of the court.
This case turns upon the construction of a clause in the will of Francis Williams, made on the 21st of May, 1796, which is in these words. “Item, my will and desire is, *461that my son Francis Williams shall have all the lands I have any right, title, or claim to, either by law or equity, except the house and lot, and two acres adjoining, I have heretofore given my six daughters and Elizabeth Robbins.”
The house and lot, and two acres adjoining, were devised to his six daughters in fee simple; and the question presented, is shortly this; whether…
2Cited by3 opinions
- Doe, on the demise of Chamberlain v. OwingsCourt of Appeals of Maryland · 1869
- Richardson v. PenicksCourt of Appeals for the D.C. Circuit · 1893
- Brown v. BrownCourt of Appeals of Maryland · 1858