Maryland Reports; Cases Adjudged in the Court of Appeals of Maryland Volume 48

Maryland Reports; Cases Adjudged in the Court of Appeals of Maryland Volume 48

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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. 1879 edition. Excerpt: ...referred. The general rule is that in deeds the conve'yance must be to the grantee "and his heirs" in order to pass the fee; but if in a particular case it plainly appears from the terms and provisions of the deed itself, the purposes it was designed to subserve, and the circumstances under which it was executed, that the intention was to convey an absolute estate, such an estate will pass without such words of limitation. The grantor in a deed executed prior to the Act of 1856, ch. 154, in considera tion of the sum of $806, conveyed the land therein described, to Hanson P. Rutter, his heirs and assigns, "in trust, however, for the sole and separate use and benefit of Eliza Disney, wife of Snowden Disney, who is now-in possession thereof, for and during her life, and from and after her death, for the use and benefit of her children," with power to the trustee, upon the written assent of the said Eliza, "to sell all or any part of said lot of ground and to invest the proceeds as she may direct: the said purchase money being part of a legacy of $1200 given to the said Eliza by the will of Mary Rutter, the deceased mother of said Hanson and Eliza, charged on her moiety of a part of a tract of land called 'Parish's Range, ' devised to said Hanson by said will, and which has been invested in the ground hereby conveyed at her request as is evidenced by her signature hereto." The deed was signed not only by the grantor, but also by Hanson P. Rutter, the trustee, and by Eliza Disney. By the will of Mrs. Rutter, executed the 29th of October, 1850, and admitted to probate in January, 1851, the testatrix recited that she was empowered by a deed of trust between her husband and herself, of...
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Product details

  • Paperback | 222 pages
  • 189 x 246 x 12mm | 404g
  • United States
  • English
  • black & white illustrations
  • 1236745094
  • 9781236745095