Blumenthal v. Moitz

Briscoe, J., delivered the opinion of the Court. Mrs. Minerva Rodgers, of Washington City, died in the year 1877, leaving a last will and testament, which was duly admitted to probate. By this will she devised all of her real estate to Commodore John Rodgers and General M. C. Meigs, and the survivor of them, in trust, to hold, manage, and invest the same, and to receive the rents, income, interest and dividends thereof, with full power at all times to sell and convey by deed or other proper instrument any part or all of the said trust property for the purpose of investment or more conveniently to carry into effect the provisions of her will. The proceeds of the sales to he reinvested as the trustees shall deem expedient, and held upon the trust set forth in her will.

Com. John Rodgers, Gen. M. C. Meigs, and her son, Robert S. Rodgers, were left as executors. Col.

John N. Macomb was, on the death of Com. Rodgers, appointed trustee, and on his death, Mrs. Nannie R. Ma-comb was appointed co-trustee with Gen. Meigs. Letters testamentary were granted to Robert S. and John Rodgers, in Harford County in 1881, and they passed a final account the same year.' Gen.

Meigs and Com. Rodgers acted as executors in Washington City, and qualified as ⁵⁶⁶ trustees. On the 17th of November, 1891, the trustees by virtue of the powers of the will, sold to the appellants, Blumenthal and Newmeyer, certain real estate situate in Harford County, for the sum of §950, and reported the sale to the Orphans’ Court of that county for ratification. Charles Moitz, the appellee, who was in possession of part of the property, filed .objections to the ratification of the sale, alleging that since 1884, he had been in possession of this property by virtue of a lease from Robert S. Rodgers, and that by its terms he had the refusal of.the property, and the right and option to take the same at the highest terms