Binnerman v. Weaver

Le Grand, C. J., delivered the opinion of this court. The appellees filed in the orphans court for Baltimore city a petition stating, that a certain Caspar Weaver, by his last will and testament, appointed his wife, Catharine, his executrix, with power to take charge of his entire estate, collect rents, &c., until his youngest child should become eighteen years of age, provided she remained unmarried; but that in the event of her marriage, and for other causes mentioned in the will, then the petitioners should act as executors and guardian’s of his estate. It further represented that the said Catharine had contracted marriage with one John H. Binnerman; and prayed that the court pass an order “ directing her to pass a distributive account, so that the petitioners might take charge ⁵²³ of that portion of such estate to which the children might be entitled.” The appellant replied to this application, stating that letters of administration had been duly granted to- her, and that she had fully settled said estate so far as the orphans court is concerned; and claiming also, that by a proper construction of the will of her testator, she is entitled to the entire estate during her life. At the hearing of the cause the court revoked the letters of administration granted to the appellant, and granted letters da bonis noH to the appellees.

The court also directed that the appellant should slate another account, in which she should recharge herself with the sum of $2415'.5G, which was in her first administration account retained by her as the widow of the said Caspar Weaver, deceased. The clause in the will which gives rise to this controversy is in these words: •• Baltimore, 3 une the eleventh, in the year of our Lord, one thousand, eight hundred and fifty-one, I, Caspar Weaver, I know all men by these presents, and make this instrument of writing my Jara will a testament, as follows:, That my ■wife, (Catharine Weaver,) shall keep possession of all my property during the continuance of her life, proviting she doihs stay unmarried to take care of the younger children and raise them up untili the youngest child is eighteen years of age, and that she shall draw the rents of said property and settle all incumbrances thereon to the best advantage; but if said wife should