75 Md. 141 | Md. | 1891
delivered the opinion of the Court.
This is an appeal from a proforma decree of the Circuit Court of Baltimore City, rendered on a special case stated, under Equity Bules Eos. 47, 48 and 49. The sole question arises under the following clause of the will of Wm. A. Linthicum:
“I give and bequeath to my son, William Amasa, all my property, both real1 and personal, and, in case-he should die without heir, then, and in that case, it is my will and desire that it should be equally divided between my brothers and sisters.” (naming them).
Construing then the word “heir” used in this will, as meaning heirs of his body — for so it must be construed— we are of opinion that the son took an estate tail under the will of his father. And being an estate tail which by the Code becomes a fee-simple, he took an absolute estate in the property devised to him.
The will in this case was made before the Act of 1862, ch. 161, Art. 93, sec. 311, of the Code, was passed, and is to be'construed, therefore, witho'ut reference to its provisions, and without reference too to the case of Gambrill vs. Forest Grove Lodge No. 4, &c., 66 Md., 17, the
Decree affirmed.