Cockey v. Cockey

Stockbiíiixüí, J., delivered the opinion of the Court. This case originated in the filing of a hill for the construction, in part, of the will of the late Joshua, F. Cockey, and incidental to that, for the adjudication by this Court of two additional points resulting directly from the> construction if in accord with the views of the present appellants. The portion of the will, a construction of which is invoked, is in the following language: “1 give, devise and bequeath my homestead * * *, at Cockeysville, containing about sixteen acres of land ³⁷⁶ with, my dwelling house and all buildings * * * , also, all the furniture, portraits, pictures, silverware, ornaments, chinaware and dishes contained in my said dwelling house and my carriages, carriage horses and carriage harness, unto my wife, Anna B. Coekey, for and during the term of her natural life and no longer, and from and after her death to my son, Win-field Scott Schley Coekey, absolutely, should he he then living. Should my said son, Winfield, die before his mother leaving descendant or descendants surviving her, then such descendant or descendants shall take the share to which my said son, Winfield, would have been entitled under this Item I of my will, had he survived his mother, Anna B. Coekey, share and share alike.

Should my said son, Winfield, die before his mother without leaving descendant or descendants living at the time of her death, then and in that event, I give, devise and bequeath said share to my son, Bennett F. B. Coekey, absolutely. Should my wife, Anna B. Coekey, die without leaving any child begotten of my body, then living, and without any descendants of any such child (then) and in that event, I give, devise and bequeath said share to my son, John T. Coekey, absolutely.” Instead of accepting the provisions made for her by the ■will, Mr. Coekey’s widow renounced the will and elected to take the portion of his estate which the law gives in cases where there is no will. This immediately raises the question as to the effect of her renunciation upon the other parties named in the paragraph quoted, whether the legacies were ■vested or contingent, and following that, the appellants invoke the judgment of the Court as to whether the remainder was or was not accelerated as the result of the renunciation by the widow, and lastly, they take the position “that they are entitled to have the renounced life interest in two-thirds of the property embraced in Item 1 of the will of Joshua E. Coekey sequestered, or rather, sold and the proceeds se ³⁷⁷ questered, to compensate, so far as may be, those who have sustained loss through the widow’s renunciation and election.” In renouncing the provisions made by the will, Mrs. (Jockey was simply taking advantage of the provision made-for her hy law. As to the effect of her renunciation, that act must he regarded as equivalent to her death, and it has been so held in a. long line of cases in this State, beginning with Carrington v. Rogers, 1 Gill, 301 , down to cases decided within the last twelve months.

See Derecmon v. Kuykendall, 89 Md. 25 ; Daris v. Hilliard, 129 Md. 348 . and Craig v. Craig, 140 Md. 322 . The cases cited, however, go a step further than this and hold that, the renunciation having been made, it is the disposition of the courts to regard legacies for life with remainders: over as. constituting vested rather than contingent devises. This is in strict analogy with the principle that the law favors the early vesting of legacies whenever it can do so without doing violence to the intent of the testator as expressed in his will, or where there is nothing contained in the will indicative of an intention or desire on the part of the testator that, the legacy should be of a contingent nature. Tiffany, Law of Real Property, section 121, pp. 289, 290; Tayloe v. Mosher, 29 Md. 443 ; Hoover v. Smith, 96 Md. 394 , 395; Roberts v. Roberts, 102 Md. 149, 150 .

The same principle is announced by all the leading text writers upon the subject, such as Reame on Remainders, Rlackstone and Kent. The adjudicated cases are filled with the attempts of various