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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 92   View pdf image (33K)
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92 HIGH COURT OF CHANCERY.
of the proceeds between the complainants and defendants, and
for general relief.
To this bill the defendants demurred, upon the ground that
the complainants have not by their bill made such a case as
entitles them in a court of equity to relief against the defen-
dants, or to a sale of the real estates mentioned in the bill.
And that under the will of Abraham Slade, by which they
claim, they are not entitled to any part of said real estate as
devisees or heirs-at-law.
Upon the hearing of this demurrer, the Chancellor delivered
the following opinion.]
THE CHANCELLOR :
This case is brought before the Court, and submitted by
agreement of parties upon demurrer to the bill.
The bill is filed by John and Elizabeth Ann Roser, his wife,
the latter being one of the children and heirs-at-law of John
Slade, deceased, one of the brothers of Josias Slade, also
deceased, but whether testate or intestate does not appear. It
is alleged in the bill, that Abraham Slade, the father of John
and Josias Slade, being seized of real estate in Baltimore
County, died some time in the year 1847, leaving a will duly
executed, containing the following clause:
" I will and devise unto my son, Josias Slade, one lot of
land called," &c., " also $200 in cash, by his paying unto my
daughter, Elizabeth Blade, $100 five years after my decease,
the aforesaid land and premises to him the said Josias Slade,
his heirs, and assigns for ever, provided, nevertheless, that
if the said Josias Slade should die without heirs lawfully be-
gotten, then the aforesaid land and premises to be equally
divided between his brothers, their heirs and assigns for ever."
From the frame of the bill, it would appear that the com-
plainants suppose they derive their title to the land in Question
from Abraham Slade, the testator, as it is alleged that Josias
Slade, the devisee, under his will, took no more than a life
estate, and that the limitation over to his brothers, upon his
dying without issue, is good. This, however, is clearly an

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 92   View pdf image (33K)
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