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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 1, Debates 162   View pdf image (33K)
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162 HIGH COURT OF CHANCERY.
of the party who took out this warrant, but even if there was,
I am satisfied from the evidence that the title was at one time
in Richard Goodwill, and that he has heirs now living upon
whom it descended, and, consequently, that the land is not liable
to escheat. I am also of opinion from the evidence, that there
is no vacancy, the whole having been held and used as part and
parcel of the original tract, and, therefore, the caveat must be
ruled good.
A. RANDALL, for the Caveator.
STOCKETT and ALEXANDER, for Caveatee.
WILLIAM HOLMES
vs.
WALTER MITCHELL ET AL.
MARCH TERM, 1850.
[INCREASE OF FEMALE SLAVES.]
A TESTATOR devised a farm "with all the rest of his negroes, stock of every
description and plantation utensils, in trust," that "the income arising there-
from" be applied to the benefit of his uncle and aunt during their lives, and
then over. HELD-That the increase of the female slaves born during the life
of the uncle and aunt, did not belong to the legatees for life but pass to those
entitled in remainder.
[In this case but one question was raised, and that is fully
stated in the opinion of the Chancellor.]
THE CHANCELLOR :
The decision of the question raised by the pleadings in this
case depends upon the construction which should be given to
the will of Ignatius Semmes, deceased, or rather, to the follow-
ing clause of that will, for, as it seems to me, the other parts
of the will throw no light upon the subject. The clause in
question is as follows: "I give and devise to Walter Mitchell,
Esq., my farm called Rose Hill, together with all the rest of
my negroes, stock of every description, and plantation utensils,

 
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 1, Debates 162   View pdf image (33K)
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