MARYLAND COURT OF APPEALS 125

Baltemore to supply the defects of both the Wills and to make an Estate in
fee simple of the land therein devised to the Severall devisees therein men-
tioned whereupon his Lordship grants to the said Dowglass the father and
his heires the said Tract of land to the uses mentioned in the said Bridget
Heards Will by the premises or first part of the grant but in the Habendum
says nothing of the uses aforesaid but only to have and to hold to him the
said John the father his heires and Assignes for ever. All the Devisees afore-
said Except the said John Dowglass Jun^r, dyed in their Minority without any
heires that have ever yet appeared Whereupon the said Lord Baltemore con-
cieving that the said land reverted to him by escheat not knowing then but
that John Dowglas Jun^r was dead put M^r Benj^a Rozier father of the said
Notley in possession thereof with a promise that he would grant it to him
and his heires But the said Benj^a dyed before his Lordship's grant [186] past
unto him And the said Notley his son and heir tooke possession of the said
land and holds the same still by his Lordships grant

Now appears John Dowglass Jun^r pretending that he as heir to his said
father the grantee aforesaid has a right to the whole notwithstanding the
grant being to the uses in the said Bridgetts Will mentioned and conveys
the same tract to Phillip Lynes.

Phillip Lynes under the title of the said Dowglass Jun^r Ejects Notley
Rozier and upon tryall the Jury gave Verdict for him whereupon motion
was made to stay the Judgment And the following reasons were offerd in
stay thereof

i^st The tract of land in question is no otherwise claimed by Lynes then
by and under the title of John Dowglass and it appears by the Grant that
he has it no otherwise then in trust and to the uses of Bridget Heards will
which trust does not give him such A property therein as to be capeable of
Making an absolute sale thereof as he has done to Lynes therefore the said
Lynes title under the said Dowglass is naught and not Sufficient to ground an
Action upon ag^t the said Rozier wherefore no Judgment ought to be entred
upon the said verdict for Lynes which reason was by the provinciall Court
overuled and therefore Error.

2^dly If the said Dowglas has any title in his own right to the said Land
it can be to no more then one fourth part thereof the one half thereof being
bequeathed to Wm Heard and the one half of the remaining half to Mary
Yowkins and Dowglas's grant being to the uses of the Will etc. gives him at
most A property to none then A fourth part of the said land therefore he
cannot have Judgment upon the Verdict for the whole nor for any part in
particular no Division being ever made between him and the other Legatees.
And there being but an estate for life given by the will the grant to Dowglass
to the uses thereof tho the word heires be put in does not enlarge the estate
which was in like manner overuled and therefore Error.

For all which and other the Manifest errors in the Record and proceed-