Maryland Realty Corp. v. Mitchell
THE MARYLAND REALTY CORPORATION, Incorporated v. JOSEPH B. MITCHELL
Md. Realty Corp. v. Mitchell, 98 A. 1083 (Md. 1916)
Syllabus
Wills: constructionj devises over, should any legatee not he in esse.
A testator by bis will devised two-thirds of his property to his three children, share and share alike;- and then provided that if any of them “should die without having married or leaving children, his or her share to be divided among the surviving children, the heirs, however, of any of the three children who might have died previously to be entitled to their parents’ share”: Held, that:
This latter provision was not in derogation of the absolute estate that had been already devised, but was simply a devise over in case any of the legatees should not be in esse to take when the will became operative.
Summary
Appeal from the Circuit Court of Baltimore City. (Hetjislbr, J.)
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
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Stockbridge, J.,
delivered the opinion of the Court of Appeals aifirming the decree of the lower Court.
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