Getzandaffer v. Caylor

Bsent, J., delivered the opinion of the Court. The appeal in this case is from an order of the Orphans’ Court of Carroll County refusing to allow and distribute to the appellants certain rents, which accrued after the death of Henry Riael, out of real estate which he devised to his executor, with’ directions that it should be sold and the money appropriated to the payment of several legacies specified in the third clause of his will. The claim of the appellants is founded upon the first clause of the will, in which the testator “wills and bequeaths to his niece Elizabeth' Getzandaffer and her husband, William Getzandaffer,” upon conditions, which it is conceded have been faithfully performed, certain real estate ‘ ‘ and all his personal property, except bonds, notes or money.” By the third clause of the will other real estate, besides that devised in the first clause, is directed to be sold by his executor, and the money arising from such sale, to be appropriated by him to the payment of certain legacies designated in this clause. This real estate, at the time of the death of the testator, Riael, was under a lease to Henry Stoner, and the rents accruing after the testator’s death are claimed by these appellants. ²⁸³ (Decided 2nd July, 1873.) We cannot perceive any sufficient ground upon which the claim of the appellants can be supported.

The land out of which the rent accrued is not included in the devise to them, and theré is nothing in the will which indicates any purpose or intention of the testator, that they should have the rents accruing after his death