Hyatt v. Vanneck

Citations

• 82 Md. 465
• 33 A. 972
• 1896 Md. LEXIS 21

Syllabus

<p>Devise and Legacy — Election by Devisee — Obligation of Beneficiary Under a Will.</p> <p>A party cannot claim a benefit under a will and at the same time defeat its provisions, and hence, where a testator gives to one devisee property in which another has an interest, the latter cannot take what is devised to him and at the same time what is devised to the former, although but for the will it would be his.</p> <p>A testator gave to his daughter property which he knew to be hers with a limitation over in favor of others, and in the residuary clause he mixed her property with his own and gave to her one-half. Held, that the devisee was put to an election to determine whether she would claim her own property or would take the devises and bequests in the will.</p> <p>A. was life-tenant of certain real estate, the remainder in fee being in his daughter. She united with him in a conveyance of the property for $25,000. The proceeds were received by A. with his daughter’s consent. He invested $6,ooo thereof in a house and the balance in ground rents and bonds, all in his own name. He subsequently married and conveyed the said house to his wife. By his will he devised the ground rents to his daughter with a limitation over in the event of her death without issue, and the balance of his estate was divided by the residuary clause between his wife and daughter. The latter obtained a decree against the former for $6, ooo, which was paid. The daughter then filed a bill claiming that she was entitled to receive from? the testator’s estate the whole amount for which the property in which she had the remainder was sold, less $6,ooo already paid. Held, thatj|there being no fraud or concealment on the part of the testator in dealing with the money received from said sale, and his intention being manifest that his daughter should have from his estate only the provision made for her by the will, she was bound to elect to claim either the ground rents and bonds or to take the devises