Kopp v. Herrman

Citations

• 82 Md. 339
• 33 A. 646

Syllabus

<p>Bequest of Leasehold. Property to One for Life with Remainder Over — Vesting of Lnterest of Remainderman — Assent of Executor-Administration,, d. b. n. — Adverse Possession — Color of Title.</p> <p>Where there is a bequest of leasehold property the assent of the executor is necessary in order to perfect title in the legatee.</p> <p>And when leasehold property is bequeathed to A. for life, with remainder over, the assent of the executor to the first legacy will enure to vest the interest of the remainderman.</p> <p>X. bequeathed certain leasehold property to his wife for life, with remainder to his children, then infants. The widow, who was executrix of the will and guardian of the children, passed an account in the Orphans’ Court in which the leasehold property was distributed to herself. She subsequently, in 1864, conveyed the property to a party under whom defendant claimed by mesne conveyances, reciting in the deed that she conveyed one-third in her own right and two-thirds as guardian. The proceeds were expended in part for the benefit of X.’s children who afterwards, in 1872, executed releases. The life-tenant died in 1866, and in 1890 letters of administration, d. b. n. c. t. a., on the estate of X. were granted to the plaintiff, one of his children, who filed a bill against defendant, the assignee of the leasehold property. Held,</p> <p>1st. That there was no title to the property in the administrator d. b. n. of X., but that upon the death of the life-tenant in 1866 the remaindermen would have been entitled to the same if it had not been sold.</p> <p>2nd. That assuming that the deed to the defendant was ineffectual to convey the entire interest in the property, yet his entry was bona fide and under color of title, and he acquired a valid title by adverse possession against the remaindermen alter their title accrued.</p>