Benson v. Yellott

• Decision Date: 07 June 1892
• Parties: BENSON ET AL. v. YELLOTT ET AL.
• Court: Maryland Court of Appeals

24 A. 451

76 Md. 159

BENSON ET AL. v. YELLOTT ET AL.

Court of Appeals of Maryland

June 7, 1892

Appeal from circuit court, Baltimore county, in equity.

Suit by Stephen D. Spence and others against N. Carroll Spence and others for a sale of lands devised. From an order overruling exceptions to and ratifying a sale of real estate by John I Yellott and Carroll S. Macgill, trustees of the will of Roberta T. Brooke, deceased, to Oregon R. Benson and John A Knecht, Benson and Knecht appeal. Affirmed.

Argued before MILLER, IRVING, BRYAN, ROBINSON, MCSHERRY, BRISCOE and FOWLER, JJ.

Oregon R. Benson and O. I. Yellott, for appellants.

John 1. Yellott, for appellees.

FOWLER J.

Mrs Roberta T. Brooke, a widow, died in 1881, leaving a will duly executed, devising certain real estate in Baltimore county to trustees, "in trust and with authority to sell and convey the same as soon as the price or sum of two hundred dollars per acre can be obtained therefor, or as soon thereafter, not exceeding one year, as, in the judgment of such trustees, it shall be deemed expedient; and the proceeds arising from such sale to invest in some safe security." The testatrix directed that the income from such investment should be paid to her brother, S. Decatur Spence, during his life, and, after his death, said income was to go to certain other persons. On the 3d April, 1891, the bill in this case was filed in the circuit court for Baltimore county by Stephen D. Spence and others against N. Carroll Spence and others for a sale of the land above mentioned. Answers were duly filed by all the parties in being having any interest whatever in said land; and it appears from the bill, answers, and agreed statement of facts that Mrs. Brooke, the testatrix, died without issue in August, 1881; that she left a will, duly executed to pass real estate, which was duly probated. The land in question was rough and unimproved, and by reason of its roughness and isolated position it was not valuable. For years it had yielded no income. It appears that in 1882 a bill was filed in the circuit court for Baltimore county, and a decree was passed for the sale of the said land, Carroll Spence having been named in said decree as trustee. Having qualified as trustee, Mr. Spence made every effort to sell, but the best offer he received was less than $25 per acre. In 1887 he resigned as trustee, having been unable to make a sale. Subsequent to the resignation of the trustee, some of the land was sold for taxes, and other portions were about to be sold for the same purpose, when this bill was filed on the 3d of April, 1891. It is conceded that, in order to make the property of any value to those entitled to it, a sale is necessary, and for the interest, benefit, and advantage of all the parties interested. There was no prospect of being able to get $200 per acre for the land when the bill was filed, nor for...