Crisp v. Crisp

• Decision Date: 09 January 1884
• Citation: 61 Md. 149
• Parties: ANNIE E. CRISP and F. Grafton Crisp, Trustees, Etc. v. ROBERT F. CRISP, William S. Crisp and Others.
• Court: Maryland Court of Appeals

61 Md. 149

ANNIE E. CRISP and F. Grafton Crisp, Trustees, Etc. v. ROBERT F. CRISP, William S. Crisp and Others.

Court of Appeals of Maryland

January 9, 1884

Appeal from the Circuit Court for Anne Arundel County, in Equity.

The case is stated in the opinion of the court.

The cause was submitted to Alvey, Stone, Robinson, Irving, and Bryan, JJ.

Luther M. Reynolds, for the appellants.

John F. Williams and Julian I. Alexander for the appellees.

Stone J., delivered the opinion of the court.

That part of the will of Richard O. Crisp, of Anne Arundel County that has given rise to the present controversy may be found in the following clauses:

"I give and bequeath my farm, situate on Curtis Creek, in Anne Arundel County, Maryland, unto my wife, Annie E. Crisp, and my brother, Frederick Grafton Crisp, and the survivor of them, and the heirs of such survivor, and their successors, in trust and special confidence, nevertheless, for the following uses and purposes: That my wife, Annie E. Crisp, shall be permitted to use and enjoy said farm and premises and receive therefrom the rents and profits until such time as they shall have an offer of $100,000, and shall invest $50,000 of the proceeds of such sale in good and safe securities under the direction of the court and pay the interest received from the said $50,000, so invested, unto my wife, Annie E. Crisp, during her natural life, and at her death said $50,000, or the securities in which the same may be invested, shall go to and become the property and estate of such person or persons as would, by the now existing laws of the State of Maryland, be entitled to take an estate in fee simple in lands by descent from me, and the heirs, executors and administrators, of such person or persons, per stirpes and not per capita."

"But if said farm cannot be sold for the sum of $100,000, within eighteen years from the date of my death, then, and in that event, this trust shall cease, and in that event it is my will that said farm shall go and become the property of such persons as would, by the now existing laws of the State of Maryland, be entitled to take an estate in fee simple in lands by descent from me, and the heirs, executors and administrators, of such person or persons, per stirpes and not per capita." "But if my wife should die before the sale of said farm for $100,000, and before the expiration of eighteen years from the date of my death, I desire that the rents and profits of said farm from the date of her death until the expiration of said eighteen years, shall go to my legal heirs.

All the rest and residue of my property, I desire to go and be divided among my legal heirs under the laws of the State of Maryland, in the same way as it would, without a will; subject, however, to the dower interest and distributive share of my wife, in all my property, real and personal, and in said residue."

The farm was sold for the $100,000, the sale duly ratified, and the widow and those who were the heirs-at-law of Richard O Crisp at the time of his death, wishing to divide the $50,000 allotted to the widow, between them in such manner as to suit themselves, this proceeding has been instituted. The only question for us to decide is to determine whether the remainder in this...