Kennard v. Bernard
Decision Date | 15 January 1904 |
Parties | KENNARD et al. v. BERNARD. |
Court | Maryland Court of Appeals |
Appeal from Circuit Court of Baltimore City; J. Upshur Dennis Judge.
Exceptions by Richard Bernard to ratification of the sale of real estate by Henry C. Kennard and another, trustees of the estate of Samuel S. Clayton, deceased. From an order sustaining the exceptions, the trustees appeal. Reversed.
Argued before McSHERRY, C.J., and FOWLER, BRISCOE, BOYD, PAGE PEARCE, SCHMUCKER, and JONES, JJ.
Henry C. Kennard, for appellants.
Richard Bernard, for appellee.
The controversy in this case involves the construction of certain clauses of the last will and testament of Samuel S. Clayton late of Baltimore City, deceased. The material facts as disclosed by the record, and upon which the questions to be decided arise, are as follows: Mr. Clayton died in January 1896, leaving real and personal estate of large value located in Maryland and Virginia. A portion of this property he owned jointly with a son, James E. Clayton. By the fourth clause of his will he devised as follows: By the fifth clause, he gave and devised as follows: James E. Clayton died in June, .1902, leaving a last will and testament, by which he appointed the appellants as executors and trustees, giving power to the trustees to dispose of his property according to certain trusts declared therein. The appellants were subsequently appointed, by the circuit court of Baltimore City, trustees to the joint property held by James E. Clayton as sole trustee, under his father's will, with the like power and authority as was given the original trustees. On the 18th of March, 1903, the appellants, as such trustees, sold to the appellee an undivided half interest in fee in a certain unimproved lot in Baltimore City, being the interest of Samuel S. Clayton in a part of the property held jointly with his son. Subsequently the appellee, as purchaser of the property,...
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