76 Md. 149 | Md. | 1892
delivered the opinion of the Court.
Andrew Callahan of Queen Anne’s County, in this State, made his will on the last day of May, 1810, and the same was admitted to probate on the 14th of June of the same year. By the fifth clause of his will he devised as follows: “I give, devise and bequeath to my daughter, Anna Laura and to her heirs, all my real estate in Queen Anne’s County, subject to her mother’s third, but if my daughter, the said. Anna Laura should
By the fourth clause of the will the testator devises to his wife as follows: “I also give and devise to my said wife, Sarah Anne, the one-third of the rents and profits of all my real estate in Queen Anne’s County during her life. ”
The hill in this case was originally filed by Anna Laura Callahan, a minor, by her next friend, Wm. W. Busteed, against her mother, and all parties claiming any interest in the property devised to her, to procure a sale thereof, as being for her interest and advantage, and the advantage of all parties. The question now presented is by interlocutory petition of Anna Laura Callahan, now Lednum, by her husband and next friend. It avers the filing of the bill, which averred that the complainant was at least entitled to a defeasible fee in the estate, and that it was for the interest of all the parties to have the property sold, and the proceeds invested so as to enure to the interest of all the parties interested in it; that all parties interested were summoned to answer, and after due proceedings the property was decreed to be sold, and has been sold, and that after deducting all expenses, the sum of five thousand nine hundred and fifty-five dollars and twenty-three cents remains in the hands of the trustees for investment or disposition, of which no order has yet been passed. The petition then claims that she is absolutely entitled to this fund as the owner of the estate in fee, and prays the Court to construe the will and determine the rights of the parties
The decree further proceeds to order investment of the fund arising from the sale so as to protect the interests of all the parties mentioned in the decree.
We think this decree unquestionably right. The testator gave his real estate to his daughter and her heirs. The technical language necessary to create an estate in fee was used by him, and effected his purpose to give the daughter a fee. By the succeeding language he attempted to make that fee defeasible upon a contingency, which he mentions, and the question is has the testator effected, by the language employed, his manifest purpose. He says, “but if my daughter, the said Anna Laura should die without heirs,” then he gives the estate to his brother and sister, share and share alike, and “their children respectively, to be divided in equal shares between them.”
Affirmed and remanded.