Lednum v. Cecil

Irving, J., delivered the opinion of the Court. Andrew Callahan of Queen Anne’s County, in this State, made his will on the last day of May, 1810, and the same was admitted to probate on the 14th of June of the same year. By the fifth clause of his will he devised as follows: “I give, devise and bequeath to my daughter, Anna Laura and to her heirs, all my real estate in Queen Anne’s County, subject to her mother’s third, but if my daughter, the said. Anna Laura should ¹⁵¹ die without heirs, 1 give and devise the said real estate (consisting of the farm whereon I now reside, and the farm where Henry Carter resides, containing about four hundred and seventeen acres in both tracts) to my brother, John Callahan, and my sister, Rebecca Cecil, share and share alike, and in the event of their death then to their children respectively, to he divided in equal shares between them.” By the fourth clause of the will the testator devises to his wife as follows: “I also give and devise to my said wife, Sarah Anne, the one-third of the rents and profits of all my real estate in Queen Anne’s County during her life. ” The hill in this case was originally filed by Anna Laura Callahan, a minor, by her next friend, Wm.

W. Busteed, against her mother, and all parties claiming any interest in the property devised to her, to procure a sale thereof, as being for her interest and advantage, and the advantage of all parties. The question now presented is by interlocutory petition of Anna Laura Callahan, now Lednum, by her husband and next friend. It avers the filing of the bill, which averred that the complainant was at least entitled to a defeasible fee in the estate, and that it was for the interest of all the parties to have the property sold, and the proceeds invested so as to enure to the interest of all the parties interested in it; that all parties interested were summoned to answer, and after due proceedings the property was decreed to be sold, and has been sold, and that after deducting all expenses, the sum of five thousand nine hundred and fifty-five dollars and twenty-three cents remains in the hands of the trustees for investment or disposition, of which no order has yet been passed. The petition then claims that she is absolutely entitled to this fund as the owner of the estate in fee, and prays the Court to construe the will and determine the rights of the parties ¹⁵² under it.

An order was passed requiring the defendants to answer the petition, and afterwards, by agreement of parties reserving the right of appeal, a pro forma decree was passed on the 18th of March, 1892, “that Anna Laura Lednum, wife of J. Frank Lednum, is entitled to. the fee in the real estate in the above entitled cause, defeasible on the condition that she die without issue living at the time of her death, subject to the right of Sarah Ann Callahan, widow, in and to one-third of the rents and profits thereof during her life; and that, in the event of the death of said Anna Laura Lednum without issue living at the time of her death, the said real estate in the proceedings mentioned, and the proceeds of sale thereof, be and they are hereby adjudged and decreed to be the property of George T. Cecil, Amanda Cecil and Milton Cecil, children of Rebecca Cecil, a deceased sister of Andrew Callahan, the testator, and George Callahan, Mary Johnson and Sallie Moore, children of John Callahan, a deceased brother of said testator, share and share alike.” The decree further proceeds to order investment of the fund arising from the