48 Md. 344 | Md. | 1878
delivered the opinion of the Court.
The only question in this case is whether the children of Mrs. Disney, took, after her death, a legal estate in fee in the land conveyed by the deed from Sidney Hall to Hanson P. Rutter, trustee, bearing date the 15th of December, 1852. This deed was executed prior to the Act of 1856, ch. 154, and prior to the adoption of the Code which (Art. 24, sec. 11,) provides that no words of inheritance shall be necessary in any conveyance of real estate to create an estate in fee simple, but every such conveyance shall be construed to pass a fee simple estate, unless a contrary intention shall appear by express terms or be necessarily implied therein. The same provision in effect had been long before made with respect to devises of real estate by will. Act o/1825, ch. 119. It is true the general rule is that in deeds the conveyance must be to the grantee, “ and his heirs,” in order to pass the fee, and probably but few deeds were ever drawn in this State prior to the Act of 1856, where the design was to convey an absolute estate, in which these-words were omitted. But to this general rule there are some exceptions. Thus in a conveyance to a trustee for the benefit of creditors, with power of sale, a fee will pass without these words, because a sale of
Now, in this case the grantor in consideration of the sum of $806, conveys the land to Hanson P. Rutter, his heirs, and assigns, habendum to the said Hanson P. Rutter, his heirs and assigns, “in trust, however, for the sole and separate use and benefit of Eliza Disney, wife of Snowden Disney, who is now in possession thereof, for and during her life, and from and after her death for the use and benefit of her children,” with power to the trustee, upon the written assent of the said Eliza, “ to sell all or any part of said lot of ground and to invest the proceeds as she may direct: the said purchase money being part of a legacy of $1200, given to the said Eliza by the will of Mary Rutter, the deceased mother of said Hanson and Eliza, charged on her moiety of a part of a tract of land called ‘Parish’s Range,’ devised to said Hanson by said will, and which has been invested in the ground hereby conveyed at her request, as is evidenced by her signature heretoand the instrument is signed and sealed not only by the grantor Sidney Hall, but also by Hanson P. Rutter, the trustee, and by Eliza Disney. By the will of Mrs. Rutter here referred to, executed on the 29th'of October, 1850, and admitted
Reading the deed in connection with this will the intention of the parties who signed it is too manifest to be mistaken. The land was purchased by the trustee with the assent of Mrs. Disney the mother, with part of the legacy given by the will, and it seems to us clear that the purpose was to convey to her and to her children respectively the same interest and estate in the land which the will gave them in the legacy. In fact, the deed in terms follows and copies the language of the will in giving a life estate
Decree affirmed, and cause remanded.