Reports of Cases Argued And Determined in the Court of Appeals of ..., volume 8
Reports of Cases Argued And Determined in the Court of Appeals of ..., volume 8
Maryland. Court of Appeals, Richard W. Gill, Oliver Miller
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virtue of tide by descent. But if the legacy be on the express condition annexed, that he shall confirm the devise^ he cannot take the legacy and disaffirm the devise. 1 Jbrman, 377. So the will of an infant being void as to really, raises no implica- tion, and the heir may claim both the legacy and the land de- vised to another by such a will. I Fez., Sr., 27S. Jarmany 389. And so also with regard to the will of a feme covert. 9 Vez. 370. If, then, there be no express condition upon John to co...nvey this Maryland property to Benjamin j we are not at liberty to imply it. The intention to make such a condition, and raise a case of election, must plainly appear (as we have seen,) on the face of ihe will. We must be sure that it was the testator's intention to include these Maryland lands in his will; and wherever the devises rest upon condition, nothing is to be left to interpretation, but it must be clearly expressed. We find a condition upon Benjaminy that he should convey to John, in the contingency mentioned of JbAn'^ marriage, and the birth of a child, and this conveyance Benjamin has exe- cuted.
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