Donnelly v. Edelen

Alvey, J., delivered the opinion of the Court. Upon full examination of this case, we discover nothing in it that will justify a reversal of the decree appealed from. The cases of Tolson vs. Tolson, 8 Gill, 376 , and Willett and Wife vs. Carroll, 13 Md., 459 , would seem to be conclusive of the right asserted by the complainants. The will of the father provides, not only a home for his daughters, during their single lives, on the farm devised to the son, but for a reasonable and moderate support therefrom; and the devise to the son being subject to the condition of furnishing such home and reasonable support, that condition or proviso constitutes a charge on the farm.

The defendant, as purchaser, can stand in no better position in reference to this charge than the son, the devisee; and as the right was enforcible against the farm while in the hands of the son, so it may be enforced against it in the hands of the defendant, the purchaser ; the latter taking the estate cum onere. And without entering at all into an investiga ¹²² tion as to what would he a fair compensation for the loss of the home on the farm, simply as a local habitation or place of residence, the proof is abundant to show that the amounts decreed to he paid to the several complainants are entirely inadequate to afford even a reasonable and moderate supply of food and clothing, regard being had, in making the estimate, not only to the value and yield of the estate devised, hut to the condition and habits in life of the testator, and of his children, for whom the provision was made. And that the whole net income of the farm may he required to furnish this reasonable and moderate support,