Mines v. Gambrill

Bryan, J., after stating the case as above reported, delivered the opinion of the Court. Mrs. Mines, at the time of her death, owned no real estate. Certain personal property belonged to her absolutely, in addition to whatever rights she might be entitled -to claim under her father’s will. The seventh clause of the fourth item of this will clearly shows that the money left to her was to be held in trust, and that the trust was to be declared in a subsequent part of the will.

It was declared in the ninth clause, which is in these words: ‘‘I give and bequeath to my friends, John H. Williams and Edward Khriver of Frederick City, in the State of Maryland, all the share or proceeds of mv estate, to which my daughter, Ann Margaret, shall be ' ³⁴ entitled under this, my last will and testament, in 'special trust and confidence nevertheless, to invest the same in some safe security, or securities, and to hold the same with all the interests and dividends accruing therefrom, to, for, and upon the following uses and purposes, that is to say: To suffer and permit my said daughter, Ann Margaret, to take for her own use and upon her sole receipts, the incomes, or interest and dividends thereof, without anticipation, as they may be due and payable, for and during her natural life, and from and immediately thereafter their said share, or the investments thereof to be taken, possessed, and enjoyed by such person, or jiersons as she, in her last will and testament may appoint, except to Samuel S. Richardson, her former husband, and any bequest or devise she shall make to him, or for his use and benefit, either directly or indirectly, shall wholly fail, and be of no effect; biit such bequest or devise shall descend to such person or persons who would have taken the same under the laws of this State had she died intestate, and this I do, not as in any way reflecting upon my daughter, whose conduct towards him stands entirely above reproach, but from a wish to secure her from all annoyance that might occur from the suggestions of a base and cunning man. In all other respects I leave her perfectly at liberty to will her property as her best judgment and affection may dictate.” It will be seen that the equitable estate is given in clear and unmistakable terms to Ann Margaret, “for and during her natural life, ’ ’ with the power of appointment by last will and testament in favor of any person, or persons, except her former husband. The case of Benesch vs. Clarke, 49 Md., 504 , distinctly determines that where property is devised or bequeathed to a person generally or indefinitely with power of disposition, the gift carries the entire estate; but where the gift is in express terms for life, the power does not enlarge the life estate into an absolute interest, ³⁵ but it remains simply as a power annexed to the estate, by which it is competent to dispose of the reversion, and if the power is not executed, the reversion, if there is no limitation over,