Weybright v. Powell

Citations

• 86 Md. 573
• 39 A. 421
• 1898 Md. LEXIS 12

Syllabus

<p>Devise and Legacy— Gift of Real and Personal Property to One With a Limitation Over Upon His Dying Without Bodily Heirs.</p> <p>Where real and personal property is given to one by will and there is a limitation over upon his death without bodily heirs, the gift is within Code, Art. 93, sec. 317, because equivalent to a dying without issue, and means a failure of issue at the time of the death of the devisee and not an indefinite failure of issue. The devisee and legatee in such cases takes a fee in the land and the entire interest in the personalty, defeasible upon his death without issue, and is entitled meanwhile to the possession of both the real and personal property.</p>