Maryland Reports; Cases Adjudged in the Court of Appeals of Maryland Volume 47

Maryland Reports; Cases Adjudged in the Court of Appeals of Maryland Volume 47

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1878 edition. Excerpt: ..."heirs of the body," is well determined, and has now become a "rule of property," and will not be disturbed except by the clearest and most explicit legislative action. 2 Gill, 241. The word " issue " is not used in this will, and the Act of 1862, ch. 161, does not apply, unless the Court shall hold contrary to a long line of decisions, ancient and modern, that the word " heir," is equivalent to "issue." Would not a grandchild, if any, of Mary Mason, take under the will in default of a child? The rule does apply, and the Court below so intimates, except for the above named Act. See 5 H. (E J., l0; Ware vs. Richardson, 3 Md., 545; Simpers vs. Simpers, 15 Md., 160. If an indefinite failure of issue is meant, I understand it to be conceded that Mary took a fee-simple, and that the complainant is entitled to a life estate as alleged in the bill. If the Act of 1862, ch. 161, does apply to the will of Lovey Johnson, and the failure of issue meant is a "definite failure," is the complainant entitled or not to the curtesy in his wife's portion of the land at her death, without issue born during the period of coverture. As the authorities to be cited refer chiefly to dower, I wish briefly to state my view of the character of the estate vested in the husband under Article 45, sec. 2, of the Code. ' The Code does not do away with the tenancy by curtesy, as supposed by some, but it empowers the wife (contrary to the course of the common law, ) to devise her real property free from the curtesy of her surviving husband, and it provides that if she do not elect in her life-time so to devise, then upon her death, intestate, tenancy by the curtesy shall pass to him, as by the...
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Product details

  • Paperback | 222 pages
  • 189 x 246 x 12mm | 404g
  • United States
  • English
  • black & white illustrations
  • 1236994027
  • 9781236994028