Buchanan v. Lloyd

Citations

• 88 Md. 642
• 41 A. 1075
• 1898 Md. LEXIS 227

Syllabus

<p>Legacy Charged on Land — Notice to Alienees— Construction of Will and Codicil — Limitations and Laches— Life Estate with Remainder Over — Application of Payments.</p> <p>A will and a codicil must' be construed together and what is plainly given by the will is not to be treated as revoked by doubtful or ambiguous expressions used in the codicil.</p> <p>When a testator gives a pecuniary legacy to his daughter directing that the same shall be paid by his son and devises land to the son “ in consideration of the payment,” then such legacy is a charge upon the land and is enforceable against the alienees thereof; the probate of the will being notice to them of the charge.</p> <p>A bill to enforce payment of a legacy charged upon land against the alienees thereof is not barred by limitations when the alienees claim' title under deeds made less than twenty years prior to the institution of the suit.</p> <p>When a devisee of land charged with a legacy executes a mortgage of the same but continues to pay interest on the legacy, and the mortgagee is never in possession, the statute of limitations is not a bar to the enforcement of the charge on the land, although the mortgage was executed more than twenty years before the institution of the suit.</p> <p>A legacy charged upon land was bequeathed to A. for life with remainder to A.’s children. A. survived the testator for 58 years. Held, that a bill filed by A.’s children five years after her death to enforce payment of the legacy against alienees of the land is not barred by laches.</p> <p>By his will, testator gave to his three sons in trust for his daughter A. for life, a certain farm and $5,000' in money, with remainder to A.’s children. By a codicil the devise of the farm was revoked and the testator gave to his sons in trust for A., “ agreeably to the provisions of the trust in said will,” the sum of $15,000 in addition to the $5,000 given by the will. It was provided that $10,000 of the $15,000 should be paid by testa