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The Maryland Code, Public General Laws, 1888
Volume 389, Page 1417   View pdf image
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ART. 93.] WILLS. 1417

testator in such lands or real property, unless it shall appear, by
devise over or by words of limitation or otherwise, that the tes-
tator intended to devise a less estate and interest.

Hammond v. Hammond, 8 G. & J. 436. Moody v Elliott, 1 Md. Ch. 290.
Boyle v. Parker, 3 Md. Ch. 42. Smith v Clark, 10 Md. 186. Taylor v. Wat-
son, 35 Md 519. Hayes v.Wright, 43 Md. 122. Mason v. Johnson, 47 Md.

347. Stonebraker v.Zollickhoffer, 52 Md. 154. Estep v. Mackey, 52 Md. 592.
Henderson v. Henderson, 64 Md. 185.

1888, ch. 249.

315. No devise or bequest of real or personal property for
any charitable uses shall be deemed or held to be void by reason
of any uncertainty with respect to the donees thereof, provided
the will or codicil making the same shall also contain directions
for the formation of a corporation to take the same, and within
the period of twelve caiendar months from the grant of probate
of such will or codicil a corporation shall be formed, in corres-
pondence with such directions, capable and willing to receive
and administer such devise or bequest.

Ibid.

316. Every devise and bequest purporting to be of all real
and personal property belonging to the testator shall be construed
to include also all property over which he has a general power of
appointment, unless the contrary intention shall appear in the
will or codicil containing such devise or bequest.

1862, ch. 161.

317. In any devise or bequest of real or personal estate, the

words "die without issue," or "die without leaving issue," or any
other words which may import either a want, or a failure of issue,
of any person in his lifetime, or at the time of his death, or an
indefinite failure of his issue, shall be construed to mean a want
or failure of issue in the lifetime, or at the time of the death of
such person, and not an indefinite failure of his issue, unless a
contrary intention shall appear by the will.

Woollen v. Frick, 38 Md. 428. Goldsborough v Martin, 41 Md. 488. Mason
v. Johnson, 47 Md. 347. James v. Rowland, 52 Md. 462. Estep v. Mackey, 62
Md. 592. Gable v. Ellender, 53 Md. 311. Henderson v. Henderson, 64 Md.
185. Comegys v. Jones, 65 Md. 317 Combs v. Combs, 67 Md. 16.

 

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The Maryland Code, Public General Laws, 1888
Volume 389, Page 1417   View pdf image
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