78 Md. 491 | Md. | 1894
delivered the opinion of the Court.
The decisive question in this case depends upon the construction of a will. Daniel McDonald having executed his. last will and testament in such manner as to pass real estate, died in the year eighteen hundred and forty-five. In the determination of this case it is necessary to take into view every portion of the will, and we shall therefore quote the bequests and devises at large: “I give, devise, and bequeath all of my estate, of whatsoever kind or nature, to my beloved wife, for and during the term of her natural life, .provided that during the same time she continue a widow and unmarried.
“And after her death, I will and bequeath all my personal estate remaining at the time of her death, to be equally divided among my children, or their representatives, {per stirpes) living at the time.
“And as to my real estate, I give and devise the same, after her death, to my son Daniel and his heirs, provided, however, that from the time of his or their receiving the same and coming to possession, he or they shall pay annually, for the space of ten years thereafter, the sum of one hundred dollars each annually to my daughters, Mary Jane and Caroline, if living, and if dead, to the heir or heirs or legal representatives of the said Mary Jane and Caroline, or the survivor of them.
“And I do further will, that in case of the death of my son Daniel, before his mother, that the said real estate so devised to him shall go to his sisters aforesaid and their heirs as tenants in common, and that, in the event of the marriage of both or either of them, their shares shall be so secured as to be free from any debts, contracts, or obligations of their respective husbands.
Although the plaintiff’s declaration proceeds for the whole of this property, in reality, as shown by the prayers for the instruction of the jury, he claims only
Daniel having a fee simple indefeasible conveyed it to his mother; the daughter Carolineconveyed to her in fee all her interest in the real estate, and the daughter Mary Jane conveyed all her interest in it to her for life; this meant all the annual payments which should become due in her mother’s life-time. The mother lived for twenty-four years after the acquisition of the titles of Daniel and Caroline, and thirty years after the conveyance from Mary Jane. It is impossible to suppose that the charges on the land are now in existence. If they .were unpaid at the time the widow acquired the fee, they were extinguished by the union of the title and the charges in one owner. Mitchell vs. Mitchell, 2 Gill, 236. The widow therefore was competent to mortgage the
Judgment affirmed.