75 Md. 517 | Md. | 1892
delivered the opinion of the Court.
It appears that William W. Handy died in January, 1864, leaving surviving him a widow, Maiy Ann Handy, and five children, and one child of a deceased son. By his will, which was duly admitted to probate, he devised and bequeathed to his children and grand-children certain specific portions of his estate, and also to his widow he made certain devises and bequests of certain portions of
Two of the sons of the testator, namely, Jesse T. Handy and Thomas P. Handy, died after the death of the testator, but before the death of the widow, which latter-event did not occur until Eebruary, 1891. Jesse T. Handy died in 1885, without children; but he made a will by which he disposed of all his estate. Thomas P. Handy died in 1887, leaving surviving him a widow and two children. The rest of the children left by the testator survived their mother.
Soon after the death of the widow, the life tenant, the parties entitled in remainder not being able to agree among themselves as to a division of the property, a bill was filed by some of the adult parties entitled against the infant parties and some others, asking for a decree for sale of the ground-rents or the reversions out of which the same would issue, and fora division of the proceeds of sale among those entitled thereto. But in the bill no notice whatever is taken of any party or parties who
It is admitted by agreement, that Jesse- T. Handy died after the death of his father, but in the life-time of his mother, the tenant for life, and that he left a last will and testament which disposed of- his entire estate, real and personal, to persons who are not parties to these proceedings. And the Court below, in view of this admission, determined that it could not declare the true construction of the will of the testator, William W. Handy, deceased, by any order that might be passed on the exceptions of the purchasers to the ratification of the sales, which would be binding and conclusive upon the devisees of Jesse T. Handy, deceased; and therefore, by
It is contended on the part of the appellants that the estate in remainder of the ground-rents, devised to the widow for life, did not vest in the parties named to take by way of division after the death of the widow, until that event happened. Andas Jesse T. Handy predeceased the widow, the tenant for life, no interest in remainder ever vested in him, and consequently no interest did or could pass by bis will. This was the theory and assumption upon which the bill was framed and the decree passed, under which the sales were made by the trustee. On the other hand, the purchaser, the appellee on this appeal, contends, that the estate in remainder in the ground-rents vested in the surviving children and grand-child of the testator from the time of his death, and therefore there was an interest in remainder vested in Jesse T. Handy at the time of his death, and upon which his will operated, and consequently the title so vested cannot be sold and conveyed under the present proceedings to which the persons entitled under Jesse T. Handy’s will are not parties, and who are in no wise bound thereby.
The. Court below declined to pass upon the question of the true construction of the clause of the will in respect to the vesting of the title to the estate in remainder in the ground-rents — whether at the death of the
If the ultimate or final construction should he, as the purchasers insist there is ample ground for supposing it will be, that the estate in remainder in the ground-rents vested in the devisees thereof immediately upon the death of the testator, then, of course, there can be no question of the right of the purchasers to be released from the sales made to them. In that case they could not get what, under the decree, was professed to have heen sold to them. And under the circumstances of the case, we think the Court below was clearly right in sustaining the exceptions to the sale, and in directing the refunding of such part of the purchase money as may have heen paid. ' If, however, it should be determined when all proper parties are before the Court, that Jesse T. Handy took no vested interest in remainder in the ground-rents devised, and had no interest therein that passed by his will, then the Court may, if it should deem if proper to do so, revive' the contracts of purchase as they have been reported, if the purchasers shall desire that to be done.By that course delay and expense may be avoided. Glenn vs. Clapp, supra.
But the question now arises, how are all the proper parties to be brought before the Court, and be made subject to the decree? It is too late to attempt to review the decree on appeal. The proper course would seem to be to file a supplemental bill to bring in the omitted parties. It is well settled that a supplemental bill may be filed as well after as before a decree; and among the objects that may be accomplished by such supplemental bills are that proper directions may be given upon some matter omitted in the original bill, or not put in issue thereby; or to bring forward parties before the Court who
We shall affirm the order appealed from, and remand the cause that the parties may take such proceeding as they may be advised.
Order affirmed, and cause remanded.