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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 45   View pdf image (33K)
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BOYLE VS. PARKER. 45
towards their support and maintenance. He does not in terras
revoke the devise of the remainder to his children and grand-
children, after the death of his wife. That is left to stand,
and if affected by the codicil, it is by implication and construc-
tion only.
The codicil was manifestly made for the purpose of revok-
ing, in part, the devise and bequest to the wife, and for no
other purpose; and it would be giving, as I think, an effect to
it not contemplated by the testator, to make it operate upon
the devise over to his children and grandchildren. It is to be
observed, that the codicil does not give the property in ques-
tion to his children, in the terms usually employed in such
cases. It does not give them the house No. 42, but "the
rents, issues, and profits" of it, and these words are relied upon
as sufficient to pass the title. But a devise of .the profits of
land does not, ex vi termini, pass the land, but only furnishes
evidence of the intention of the testator that it shall pass; and
if upon the face of the will a different intention is manifest,
that evidence is rebutted. Magruder et at. vs. Peters et al., 4
G. ^ J., 323. My opinion is, that upon the face of this will,
construing the will and codicil as one instrument, a contrary
intention is sufficiently manifest to overcome the evidence of
an intention to pass the land afforded by the devise of the
rents and profits. There is upon the face of the codicil a
plainly indicated intention to give the rents and profits only,
and for a temporary purpose, that is, to provide the means of
supporting and educating his two surviving children, until the
devise over to them and his grandchildren, upon the death" of
his widow, should take effect. The codicil declares it to be
the purpose of the testator to revoke and annul the devise and
bequest to his wife only, and that only in part. Nothing is
said about disturbing the disposition of the will, with respect
to the limitation over to the children and grandchildren, after
the death of the testator's widow, and the will and codicil can
be easily reconciled by making the latter apply only to, and
operate upon, that part of the will which relates to the wife.
My opinion then is, that the testator having by his will given

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 45   View pdf image (33K)
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