Dickson v. Satterfield

• Decision Date: 12 March 1880
• Citation: 53 Md. 317
• Parties: GEORGE B. DICKSON v. WILLIAM C. SATTERFIELD and George H. Moore, Adm'rs d. b. n. c. t. a. of M. E. A. Reed.
• Court: Maryland Court of Appeals

53 Md. 317

GEORGE B. DICKSON v. WILLIAM C. SATTERFIELD and George H. Moore, Adm'rs d. b. n. c. t. a. of M. E. A. Reed.

Court of Appeals of Maryland

March 12, 1880

Appeal from the Orphans' Court of Caroline County.

In addition to the statement of the case in the opinion of the court, it appears from the proceedings, that Elizabeth Baynard died unmarried and without issue, in March, 1878, and that the appellant claimed to have an interest in the real estate devised to Miss Baynard, as one of her heirs-at-law.

The cause was submitted to BARTOL, C.J., BRENT, GRASON, MILLER ALVEY and IRVING, JJ.

P W. Downes, M. S. Mutchler and J. W. Bryant, for the appellant.

Edwin H. Brown, for the appellees.

Irving J., delivered the opinion of the court.

The will of Mary E. A. Reed is dated March 15th, 1847, and was admitted to probate in July, 1855. In April, 1878, the executor to whom letters testamentary had been granted being dead, the Orphans' Court of Caroline County granted letters of administration de bonis non c. t. a. to William C. Satterfield and George H. Moore. On their application for an order to sell certain real estate devised to Elizabeth Baynard for life, "and in case of her death without issue," directed to be sold and proceeds disposed of as the will directed, the Orphans' Court directed the sale. The administrators d. b. n. c. t a. made the sale, and reported it to the court. An order of ratification nisi was passed and published, when exceptions to the ratification were filed by the appellant. These exceptions were overruled, the sale was ratified, and appeal taken.

The exceptions are: "1. That the administrators d. b. n. c. t. a. were not authorized to make the sale.

2. That the cestui que trust named in the will of the said Mary E. Reed was, and is not a corporate body, and has no existence.

3. That the alleged power of sale in said will depends on a contingency which may or may not happen, and is therefore void.

4. That under the item of said will in which said alleged authority is claimed, Elizabeth Baynard, late of Caroline County, deceased, took a fee simple estate."

In effect all these exceptions mean but one thing, that the devise over, in the event of the death of Elizabeth Baynard without issue, is void, and as the object of the sale no longer exists, the sale cannot be made; and the property must be left without sale, to the heirs-at-law of Elizabeth Baynard, to whom it is alleged the property passes in fee. The clause of the will on which the question arises is as follows: "To my cousin, Elizabeth Baynard, I will and bequeath the late residence of my father in Greensboro', consisting of one lot, a two-story double house, stone house, granary, carriage house and stable, and all the buildings thereon, during her life; and in case of her death, without issue I direct that it be sold and the proceeds given to the Home and Foreign Missionary fund of the Maryland Protestant Episcopal Church at Baltimore; I will to her my eight-day clock during her natural life, and then if she die without a will, to Sarah Anne Warren, daughter of my aunt, Sarah White, and her heirs forever."

The first object in construing a will is to ascertain the intent of the testator, if possible from the language of the whole will, and then to give it effect, if consistent with the rules of law. Here the devise is to Elizabeth Baynard for life. She is the first object of bounty in this bequest.

"In case of her death without issue" there is a devise over to the "Home and Foreign Missionary fund of the Maryland Protestant Episcopal Church." If she has issue the charitable bequest is not to take effect. The inference, therefore, is irresistible that the testator intended that if Elizabeth Baynard had issue, that such issue should have and enjoy the property; for it would be, in the language of Mr. Jarman, "attributing the grossest absurdity to the testator," to suppose she intended her missionary charity to fail because of the first object of her bounty having issue, unless she intended that issue should enjoy her bounty in preference to the charitable object to which she gave the property in the event of there being no such issue. 1 Jarman on Wills, 431.

If issue in this will is to be regarded in its usual and technical sense as meaning the same as "heirs of her body," the devise being to Elizabeth Baynard...