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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 36   View pdf image (33K)
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36 HIGH COURT OF CHANCERY.
him to that security. The bill, I am of opinion, must be dis-
missed, but inasmuch as I think it was not brought without
some plausible grounds, and perhaps it was the duty of the
plaintiff in his character of trustee, to file it, costs will not be
allowed.
S. T. WALLIS,
J. MASON CAMPBELL, for Com^m^t.
JOHN NELBON,
CHARLES F. MATEE.
for Defendants.
LEVIN USILTON,
vs. JULY TERM, 1852.
JOHN FRANCIS USILTON ET AL. 5
[CONSTRUCTION OF WILLS—LIMITATION OVER OF PERSONALTY.]
A testator, after bequeathing certain pecuniary legacies to his four daughters,
directed that his son Mil was "to hold the farm and have sufficient time to
pay off the legacies," and then gave a pecuniary legacy to another son, Joseph.
HELD—that all these legacies, including that to Joseph, are charges upon the
real estate devised to John, and are to be paid, pari passu, out of the proceeds
of the sale thereof.
A testator bequeathed to his daughter the sum of two hundred and fifty dollar
and two negro slaves, "and in case of her death, without issue, the property
to go to her sisters." HELD—that the limitation over is void as to the two
hundred and fifty dollars, being after an indefinite failure of issue.
The mere circumstance that the limitation over is to a person in esse will not
of itself be sufficient, even as regards bequests of personalty, to restrict
the words "dying without issue," to mean a dying without issue at the death
of the first legatee.
Where the limitation over after a bequest of personalty is if the first legatee
dies without "leaving" issue, the word "leasing" restricts the limitation
over to a definite failure of issue.
['Francis Usilton, by his will, executed on the 5th of Febru-
ary, 1850, devised and bequeathed as follows: "Item—I give
and bequeath unto my daughter Francis Philena Seed, wife
of Geo. R. Reed, the sum of five dollars."
"Item I give and bequeath unto my daughter Susan A.
Usilton, the sum of two hundred and fifty dollars, one negro
boy named Saw, and one negro girl named Maria, and in case

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 36   View pdf image (33K)
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