Legal Opinion

Wheeler v. Addison

Court of Appeals of Maryland

Decided June 2, 1880PublishedCited by 9 opinions

Appeal from the Circuit Court for Prince George’s County, in Equity. The hill in this cause was filed by the present appellants on the 29th of December, 18*70, for the purpose of obtaining an account of the personal estate of James L. Addison, who died in March, 1865, and its application, after the payments of the debts, to the payment especially of a legacy of $5000, left by said will to his widow, M. Elizabeth Addison, in exoneration of any charge in respect to said legacy…

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Appeal from the Circuit Court for Prince George’s County, in Equity. The hill in this cause was filed by the present appellants on the 29th of December, 18*70, for the purpose of obtaining an account of the personal estate of James L. Addison, who died in March, 1865, and its application, after the payments of the debts, to the payment especially of a legacy of $5000, left by said will to his widow, M. Elizabeth Addison, in exoneration of any charge in respect to said legacy on a farm called “ Cole Brooke,” devised by said will to other persons, and for the sale of said farm, should it he…

1Opinion of the CourtIrving, J.

The will of James L. Addison^ which gives rise to this litigation, is set out in full in Wheeler and Wife vs. Addison, et al., and Addison, Adm'r vs. Addison, 44 Md., 194. The opinion of the Court in that case was intended to he sufficiently explicit to secure a proper adjustment of the equities between the parties, and had it been properly understood, this second appeal would have been avoided. In the former appeal the Court held, that Mrs. Addison, by the acceptance of the legacy of five thousand dollars, in lieu of all other rights in the estate of her husband, became a quasi creditor of…

2Cases cited4 opinions

  1. Barnum v. BarnumCourt of Appeals of Maryland · 1875
  2. Drury v. BriscoeCourt of Appeals of Maryland · 1875
  3. Crawford v. SeversonCourt of Appeals of Maryland · 1847
  4. Addison v. AddisonCourt of Appeals of Maryland · 1876

3Cited by9 opinions

  1. Thompson v. HendersonCourt of Appeals of Maryland · 1928
  2. Condon v. MaynardCourt of Appeals of Maryland · 1889
  3. Knox v. StamperCourt of Appeals of Maryland · 1946
  4. Mayor of Baltimore v. Chester River Steamboat Co.Court of Appeals of Maryland · 1906
  5. State v. Safe Deposit & Trust Co.Court of Appeals of Maryland · 1898

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