Cadle v. Cadle

Pattison, J., delivered the opinion of the Court. James E. Cadle of Howard County died in the year 1921, seised and possessed of two contiguous pieces or parcels of land, lying and being in said county, which were demised and leased to him September 28th, 1885, and July 30th, 1886, respectively, “for the renewal term of ninety-nine years,” subject to a ground rent of one cent if demanded. On April 26th, 1920, James E. Cadle executed his last will and testament. The will was executed by the testator making his mark thereto, and his name, both in the body of the will and appended thereto, is erroneously written “James E. Kadel” and like errors are made in respect to his son and widow, whose names are written therein as “Thomas A. Kadel” and “Annie Kadel” The will so executed by James E. Cadle is as follows: “Know all men by these presents: That I, James E. Kadel, of Savage, Md., do make this my last will and testament. “1st.

I desire and direct that my just debts and funeral expenses be paid. “2nd. I give and bequeath to my wife, Annie Kadel, all of my property of every kind, real, mixed or personal, and all moneys that I may die seized and possessed of, for her personal use and maintenance and to ⁴⁶¹ sell or hold as may be necessary for her comfort and support, any remainder to be divided equally between my children, Tbos. A. Kadel and Mary Turner, at her death. “I hereby appoint Annie Kadel, my wife, executrix without bond. “Witness my band and seal Ibis 26th day of April, 1920. bis James F. (X) Kadel.

(Seal)” mark. On the 13th day of July, 1926, Annie Cadle, widow of the testator, sold the lands mentioned in the will to the appellant, Thomas A. Cadle, son of the testator, at and for the sum of seven hundred and fifty dollars, to he paid in cash within thirty days from the day of sale. Thomas A. Cadle, upon being advised that Annie Cadle could not convey to him a good and merchantable title, in fee simple, to said property, refused to pay the purchase money therefor. Whereupon Annie Cadle filed her bill against him asking that the said agreement of purchase he specifically enforced or performed.

In addition to the facts mentioned, the bill contained the allegation that “while the two lots of ground above mentioned were conveyed to the said James Cadle as being subject to annual ground rents of one cent if demanded, said, ground rents have never been paid or demanded, and are now conclusively presumed to have been extinguished, and said property was, in the settlement of the estate of the said James F. Cadle, treated as fee simple property.” The ansvrer filed by the defendant denied the allegation contained in the hill that she was able to convey to him a good and merchantable title to the property sold him, saying that she acquired under the will of his father only a life estate in said lands, and that this was the most she could sell and convey to him, hut admitted the other allegations of the bill, including the one alleging that there was a presumption that the ground rent had been extinguished. ⁴⁶² The ease was heard upon bill and answer, and the court held that the plaintiff, under the will of her husband, was able to convey to the defendant a good and merchantable title in the lands therein given and devised to her, and decreed a specific performance of the agreement mentioned. Erom that decree this appeal was taken. The contention of the appellee is