Meister v. Meister

⁴⁴¹ Thomas, J., delivered the opinion of the Court. Charles J. Meister left a wiil in which he inade the following provision for his wife: “After the payment of all my just debts and funeral expenses, I give, devise and bequeath all my property of every kind and wheresoever situated to my wife, Elizabeth Katherine Meister, for and during the term of her natural life, with full power to sell any part or all of the property or estate so devised and bequeathed to her and to reinvest the proceeds for her use and benefit for and during her life.” On the first of March, 1913, Mrs. Meister, in pursurance of the power contained in the will, sold a part of the property so devised to her for life, consisting of a lot of ground in Baltimore City, to Edward J. Meister, for the sum of fifteen hundred dollars, which, by their agreement under seal, he agreed to pay her not later than the fifteenth of March, 1913. . On the 2'Tth of March, 1913, Mrs. Meister, the appellee, filed a bill in the Circuit Court No. 2 of Baltimore City, in which, after setting out the provisions of the will and the agreement for the sale of said property, she alleged that said purchaser had refused to comply with the terms of said sale on the ground that she was not clothed with sufficient power under the will to convey a good title to the property. A copy of the will and of the agreement was filed with the hill.

The defendant answered, admitting the execution of the agreement, but averring that while he was ready and willing to perform his part of the contract of sale he was advised that it was not within the power of the plaintiff to convey a good title to the property. By an agreement signed by the plaintiff and defendant and filed in the case, they agreed that the object of the proceedings in this case was to have the Court determine whether by the exercise of the power in the will the plaintiff can convey to the deefndant a valid fee simple title to the property named in the contract of sale, without the purchaser being required to see to the application of the purchase money. ⁴⁴² The case having been submitted and the Court below being of opinion that the plaintiff could convey a good title to the property, without the purchaser being required to see to the application of the purchase money, a decree was passed requiring the defendant to perform the agreement of sale. In that view we entirely concur. In his brief the appellant cites the cases of Russell v. Werntz, 88 Md. 210 , and In re Bauernschmidt’s Estate, 97 Md. 35 .

In Russell’s Case the provision of the will construed was as follows: “I give unto my preesnt wife, Virginia Eusseil, all the residue of my estate, including all my property, both real, personal and mixed, to have and to hold and dispose of as she may see fit while she remains single, and after her death or marriage, the remaining property is to be equally divided between my two daughters, Grace A. Eusseil and Jesse V. Eusseil.” The Court in that case held that the manifest intention of the testator was to give his wife a life estate only, and that the words “to have and to hold and dispose of as she may see fit,” had reference to that estate, and did not confer upon her power to dispose of the estate in fee. In the Bauernschmidt Case the will contained the following provision: “I give, devise and bequeath unto my wife, Margaret Bauernschmidt, all the rest, residue and remainder of my estate, of which I shall be possessed or be entitled to, of every kind and wheresoever situated, for the full term of her natural life, with full power to her hereby granted, to sell, mortgage, lease, transfer and due conveyance make of said property or any part thereof, in her sole name and to invest and reinvest the said property and the rents, profits and revenues thereof, or otherwise in any manner to change, dispose of, use and deal, with the said property and the rents, profits and revenues thereof, for her sole benefit and at her sole discretion as fully as I could do.” By subsequent clauses of the "will the testator disposed of his property after his wife’s death to other members,of his family. Mrs. Bauernschmidt executed a deed of trust to the Baltimore Trust and Guarantee Company by which