Bentz v. Maryland Bible Society

Citations

• 86 Md. 102
• 37 A. 708
• 1897 Md. LEXIS 91

Syllabus

<p>Devise and Legacy— Termination of Trust Estate—Bequest Over in the Event of a Legatee's Dying Without Issue Before a Certain Time.</p> <p>When a trustee under a will is directed to distribute a fund at the expiration of a certain period to a designated legatee and there is a direction that upon the death of such legatee without issue the fund shall go to other parties, then it is prima facie the intention of the testator that the death without issue of the first legatee means such death before the time for distribution and that at such time he is entitled, if living, to take the property absolutely.</p> <p>Property was bequeathed to a trustee to hold the same for ten years, paying the income thereof to A. and B., and at the expiration of the ten years to pay over the whole amount in equal 'shares to A. and B. “absolutely, free and discharged of all trusts to them and to their children.’’ The will further provided that if A. and B. or either should die leaving no child surviving them, then “whatsoever of my estate thus given shall remain in their or his possession at the time of so dying shall go to and become the property of’’ M. The ten years have elapsed and A. and B. are both living, each with several children. Held, that A. and B. are now entitled each to one half of the estate absolutely, free from any trust.</p>