Mercer v. Hopkins

Citations

• 88 Md. 292
• 41 A. 156
• 1898 Md. LEXIS 197

Syllabus

<p>Construction of Will — Acceleration of Remainder — Equitable Life Interest — Rule in Shelley's Case.</p> <p>J. H., by his will, gave certain real and personal property to trustees in trust to pay three-eighths of the rents,1 etc., to testator’s niece, E., for her life, and after her death to apply the income to the education and maintenance of E.’s children then living until the expiration of the period of twenty years after the death of E., at which period said three-eighths of the property, together with any surplus income, shall vest absolutely in the children of E. The trustees were directed to pay and hold upon similar terms two-eighths of the property for J. for life, etc.; one-eighth thereof for M. for life; one-eighth thereof for A. for life, etc.; one-eighth for J. M. M. All of these parties except J. M. M., who was the husband of E., were nephews and niece of the testator and children of his brother Samuel. By a subsequent clause of the will it was provided that “ if any of the children of my deceased brother Samuel should die without leaving any child or children, or if any child of any one of the children of my said deceased brother, shall depart this life after the death of his or her parent, and before the expiration of the period of 20 years after the death of his or her parent (such parent being a child of my said deceased brother), then it is my will that the share of the child or children of my said brother, so dying, and of the grandchild or grandchildren of my said brother, so dying, shall be held by my said trustees in trust as to the realty, for the heirs at law of said deceased child or grandchild, and in trust as to the personalty, for such persons as under the laws of this State would be entitled to be the distributees of the personal estate of such deceased child or grandchild; subject, however, in all respects, to the other limitations appointed by this, my last ' will, in reference to the shares of the children of my said deceased brot