Emmert v. Middlekauff

Burke, J., delivered the opinion of the Court. Isaac 0. Snyder and Maud 0. Snyder, his wife, executed two mortgages upon a tract of' land, containing one hundred and fifty-five and a quarter acres, more or less, located in Washington County, Maryland, to secure the repayment of-certain sums of money specified in the mortgages.

Each mortgage contained the usual power of sale. These mortgages were duly assigned to- the appellees on this record, and the mortgaged property -was sold by them under the power contained in the mortgages to the appellant. The sale was reported to the Court, and the purchaser filed objections to its final ratification upon the grounds,, first, that the assignees could not convey to him a good and marketable title to the property; secondly, that Isaac 0. Snyder and wife, the mortgagors, were not the owners in fee of the whole estate in the land sold at the time the mortgages were executed.

The Court overruled the exceptions, and passed an order, dated March 27th, 1912, finally ratifying and confirming the sale. This appeal was taken by the purchaser from that order. It appears from the record that Isaac Ridenour died in 1878, leaving a last will and testament by which he devised the property sold in these proceedings to his wife, Sarah Ridenour, for life, and directed that after her death it should be divided equally among his four children (if living), viz: Christian Nathaniel, Ann Virginia, Emma Jane and Sarah Leah Ridenour. ⁴⁰¹ The testator liad acquired title to the property under a. deed from John Kendle, Trustee, dated June 7th, 1851, and recorded in Liber I. N. No. 6, folio 74, one of the Land Records of Washington County. Christian Nathaniel Ridenour died in the lifetime of his father, unmarried, intestate and without issue, and Sarah Ridenour, the widow, died in April, 1887.

Ann Virginia Ridenour is still living and unmarried. Emma J. Ridenour married a Mr. Snyder, and he died in 1878, and Sarah Leah Ridenour married Isaiah D. Hammond. Upon the death of the widow of Isaac Ridenour the absolute title to the property under the terms of the will vested in the three living children of the testator. Sarah Leah Hammond and husband, by deed dated in Lebniary, 1887, and recorded in Libor No. 90, folio 388, one of tlie Land Records of Washington County, granted and conveyed her one-third undivided interest in the property to her sisters,' Ann V. Ridenour and Emma, J. Snyder, each of whom thereby became the owner of oneRalf undivided interest therein.

Emma J. Snyder died in February, 1907, leaving a last will and testament, by winch, after providing for the payment of her debts and funeral expenses, she devised and bequeathed as follows: “After the payment of my funeral expenses and debts as aforesaid, I give, devise and bequeath unto my sister, Ann Y. Ridenour, for her lifetime, all my property of every kind and description to use as she may see fit, and after her death I direct my executors to sell any of my property not used or disposed of by my said sister, and the proceeds of such sale I give and bequeath unto my son, Isaac C. Snyder.” Thereafter Ann Y. Ridenour granted and conveyed the property to Isaac 0. Snyder by deed dated July 28th, 1908, and recorded among the Land Records of Washington County. Isaac O. Snyder, the grantee named in this deed, and his wife, on July 28th, 1908, and April 29th, 1909, executed the ⁴⁰² two mortgages herein referred to and under which the property bought by the appellant was sold. Isaac C. Snyder was the only child and heir at law of Emma J'.

Snyder*, a portion of whose will has been herein-above transcribed, and the record shows that he and his wife on the 11th day of December, 1911, and before the sale to the appellant was made, filed a bill in the Circuit Court for Washington County against the appellees asking* for a construction of the will of Emma J. Snyder and for other relief. The bill alleged many of the facts above stated, and there was filed with the bill and as a part thereof a copy of the deed from Ann V. Bidenour to Isaac C. Snyder, dated July 28th, 1908, marked Exhibit Bo. 4. The bill alleged (a) that by a proper construction of the last will and testament of Emma I. Snyder, deceased, the said Ann Y. Bidenour had the power of disposition over the estate left by the said Emma J. Snyder, deceased, and the power to convey the same by deed, and that in executing and delivering the deed, “Exhibit Bo. 4” herein, the grantee, Isaac C. Snyder, was and he became vested with a fee simple title in the entirety of the land described in said deed “Exhibit Bo. 4”; (6) that doubts had arisen relative to the title of Isaac 0. Snyder in the property, and those doubts could only be determined by the construction of the terms of the last will and testament of his mother by a competent tribunal; (c) that the mortgages herein referred to