Ridgely v. Cross

• Citation: 34 A. 469,83 Md. 161
• Parties: RIDGELY ET AL. v. CROSS ET AL.
• Decision Date: 25 March 1896
• Court: Court of Appeals of Maryland

34 A. 469

83 Md. 161

RIDGELY ET AL. v. CROSS ET AL.

Court of Appeals of Maryland

March 25, 1896

Appeal from circuit court, Howard county, in equity.

Bill by Laura V. Cross and John W. Cross, her husband, against James S. Ridgely and others, for construction of a deed. From a decree in favor of plaintiffs, defendants appeal. Affirmed.

Argued before McSHERRY, C.J., and BRYAN, BRISCOE, RUSSUM, FOWLER ROBERTS, PAGE, and BOYD, JJ.

John J Doneldson, for appellants.

John G Rogers, for appellees.

ROBEETS J.

On February 28, 1895, the appellees instituted this suit for the purpose of obtaining a construction of certain provisions contained in the deed from Samuel Ridgely, Jr., and Ann Eliza, his wife, to John Robb, which is dated the 5th of March, 1860. The particular question which this appeal presents, and which we are to determine, is as to the effect of the power of sale contained in the aforementioned deed and whether the same has been effectively and validly executed by the execution, by the donees of the power, of the deed of March 13, 1876, from Samuel Ridgely, Ann E. Ridgely and James B. Robb to James S. Ridgely. The question was presented to the lower court for its decision, under the provisions of article 16, section 183, of the Code. The consideration up-up and purpose for which the deed of the 5th of March, 1860, was executed, are as follows: "Whereas, in the purchase of the property hereinafter first described as conveyed to the said Samuel Ridgley, Jr., by William Russell, a large portion of the purchase money, to wit, nineteen hundred and sixty dollars, was contributed and furnished by John Robb, above named, for and on account of his daughter, the said Ann Eliza Ridgely; and whereas, the said Samuel Ridgely, Jr., being perfectly solvent in his circumstances, having abundant means to pay all his debts and liabilities without recourse to the said hereinafter described property, and being fully able to make this deed without prejudice to the claims of his subsisting creditors, has, in consideration of the above advance and payment by the said John Robb, and of the natural love and affection he has for his said wife and hereinafter named children, determined to settle and convey the said property, in trust for their use and benefit in the manner hereinafter expressed." The deed then grants to the above-named John Robb the land described in the deed, in trust "that the said Ann Eliza Ridgely, during the term of her natural life, be permitted and suffered to have, hold, use, occupy, possess, and enjoy the said described land and premises, and the rents, issues, income, and profits thereof, to receive, take, and apply to her own use and benefit, without the said property, or the rents, income, or produce thereof, being in any manner subject to the let, power, control, or disposal (except as hereinafter mentioned) of her present or any future husband, or in any wise liable or bound for or by his debts, contracts, or engagements, and so that the receipts alone of the said Ann Eliza Ridgely during her lifetime shall be good and effectual acquittances and discharges for such rents, issues, and profits; and immediately from and after the death of the said Ann Eliza Ridgely, then, if the said Samuel Ridgely, Jr., be living, in trust, to suffer and permit him, during the remainder of his natural life, to hold, possess, and enjoy the said trust property, and to receive and take the rents, issues, income, and produce thereof, to his own use and benefit; and from and after the death of both the said Ann Eliza Ridgely and Samuel Ridgely, Jr., then in trust for the proper use, benefit, and behoof of Georgeanna Ridgely and Laura V. Ridgely, the two children of the said Samuel Ridgely, Jr., and Ann Eliza Ridgely, in equal proportions as tenants in common, share and share alike, and to their heirs and assigns," and free of the control, etc., of their respective husbands, as provided in reference to the life estate of Ann Eliza Ridgely. The power to sell the property so conveyed is then given in language following: "Provided, nevertheless, and it is declared, that these presents are made upon the further trust that it shall be lawful for the said Samuel Ridgely, Jr., and Ann Eliza, his wife, during their joint lives, and for the said Samuel alone, in case he survives her, to sell the hereby granted and conveyed property and premises, and any part or parts thereof, for such price as they, during their joint lives, and he, in case he survive his said wife, may think proper; and, upon receipt of the purchase money for the property so sold, full power and authority is hereby expressly reserved to the said Samuel and Ann Eliza, during their joint lives, and to the said Samuel, if he shall be the survivor, to execute and deliver, in due form of law, all deeds and other instruments of writing necessary and proper for granting and conveying to the purchaser or purchasers a good and sufficient title to the property so sold, freed, cleared, and discharged from the trusts hereby created, and from all claims and demands whatsoever of the parties hereto, and those claiming from or under them, or any of them." On the 13th of March, 1876, Samuel Ridgely and his wife, Ann Eliza, executed the deed of that date, already referred to, and James B. Robb, the common-law heir of John Robb, the trustee in the deed of the 5th of March, 1860, united with them in the execution of the deed. The deed recites "that, on the following considerations, provisions, and reservations hereinafter mentioned, we, the said Samuel Ridgely, Ann E. Ridgely, and James B. Robb, first in consideration of one dollar, do grant, bargain, and sell unto the said James S. Ridgely and his said wife, the receipt thereof we hereby acknowledge, all the right, title, or interest we may have, either jointly or severally, in all those pieces or parcels of the tract of land called 'Hayfields,' situated and lying in said county and state aforesaid, that is contained within the following metes and bounds, courses and distances, to wit." Then follows a particular and full description of the land by metes and bounds, etc. The deed then proceeds as follows: "Together with all and singular the buildings, improvements, ways, water, water courses, rights, privileges, advantages, appurtenances, in anywise belonging or appertaining thereto, in fee simple: Provided, nevertheless, that the said James S. Ridgely and wife shall board and maintain the said Samuel Ridgely and Ann E. Ridgely, respectively, during their natural lives, and have them decently buried, and defray the expenses of their burial, etc., with the following reservation, to wit: The use of and proceeds of the said saw mill, together with the use of the water and water rights belonging thereto, with the right of egress and ingress to the use of the customers hauling to and from the said mill during their lifetime, respectively: Provided, nevertheless, that if the said James S. Ridgely and wife shall fail to board and support the said Samuel Ridgely and Ann E. Ridgely, his wife, as heretofore stated, the said property shall revert back to them, or either of them, during their lifetime, in order that they may have a maintenance and support therefrom, the within described property being bound for their and each of their support and...