Moody v. Hall

Miller, J., delivered the opinion of the Court. The only question presented by this appeal is whether the appellant, John S. Moody, is entitled, as surviving husband, to any interest in the estate, real or personal, of his wife, whose maiden name was Louisa Victoria Torrance, and who died on the 19th of March, 1882, intestate, and without leaving children. Her heirs-at-law rely upon the following deed as depriving the husband of all interest in her property: “ This deed, made this seventeenth day of J une, in the year eighteen hundred and seventy-eight, by Louisa Vic ⁵²⁴ toria Torrance, of the City of Baltimore and State of Maryland: Witnesseth, that in consideration of the sum of five dollars, and for divers other causes and considerations, the said Louisa Victoria Torrance doth grant, bargain and sell, assign and transfer unto Eleanor F. Conner, her heirs and personal representatives and assigns all her estate, real, personal and mixed, of whatsoever kind and wheresoever situate : To have and to hold the same for the following trusts and purposes, to wit: To permit and suffer the said Louisa to take and receive for and during her natural life, the net income, issues and profits thereof, to her sole and separate use, and also to alien, sell, mortgage or incumber the same at her will and pleasure, with full power to devise the same whether married or single, and failing to do so, and dying intestate, then at and after her death to hold the same for the use of her children, or their descendants living at her death, the descendants of any child dying to take the part its or their parent would have taken if living, and if there he no child or descendants of any child living at her death, then to hold the same, to the use of the heirs-at-law of said Victoria; and in the event of any sale of any part of said property by the said Victoria, under the power herein reserved, the purchasers shall, in no event, be hound to see to the application of the purchase money, the said property now consisting of what is set forth in a schedule appended hereto; and that the said Louisa covenants that she will execute such other assurances as may be requisite. Witness her hand and seal. “Louisa Victoria Torrance, [seal.] “Test: John 8.

Moody, Geo. McGaffray.” This deed was duly acknowledged on the day of its date and execution, and was duly recorded on the 20th of December following. The particular property now in con ⁵²⁵ troversy is an undivided interest in leasehold property held under a lease for ninety-nine years renewable forever, and this interest the wife acquired under the will of her aunt, Louisa Torrance, who died on the 5th of May, 1878, and it is mentioned in the schedule annexed to the deed. In order to ascertain the nature and character of this