Rogers v. Bayley

Bryan, J., delivered the opinion of the Court. We are required to construe certain clauses in the will of Maria Butler, deceased, and the codicil to it. The clauses in the will are the following: “ Item i. I give, devise and bequeath unto my brother, Frederick Butler, for and during the term of his natural life, my house and lot on Pennsylvania avenue, in the city of Baltimore, my bank stock, city stock, and all other personalty of which I shall die possessed, for him to use and enjoy the rents, interest, issue and profits thereof for and during the term of his natural life.” “ Item 3.

And at the death of my said brother, Frederick Butler, 1 give and bequeath my bank stock and city stock to my niece, Eunice R. Bayly, absolutely ; also whatever other personalty that may go under this paper to Frederick Butler from me. It is not my intention in this, my last will, to make any devise or bequest of my undivided moiety in the land mentioned and described in the deed from Aquila P. Giles and wife, to Nathan Rogers, Jr., in trust, dated August 17th, 1858, and recorded among the land records of Baltimore County, in Liber G. H. C., No. 23, folio 204, &c., nor do I in any manner make any disposition herein of said undivided moiety, or any interest I may have in said land mentioned and described in said deed to Nathan Rogers, Jr., in trust.” This is the clause in the codicil: “And, whereas, in item 3 of my said last will, in the sixth and seventh lines from the top of the second page, occur the words, ‘also whatever other personalty that may go under this paper to Frederick Butler from me.’ And, whereas, I am not sure that the meaning of the words aforesaid is clear. Now, then, I do hereby declare that by said words I intended to give and do hereby give to my niece, Eunice R. Bayly, at the death of said Frederick Butler, my household furniture and all chattels not disposed of by said last will.” ³² Miss Butler had a life estate in an undivided moiety of the land mentioned in the third item of her will, with power to sell and convey the same absolutely or otherwise as she might see fit. About two years after the execution of the codicil she sold her interest in the land and took a note for a portion of the money, secured by a mortgage on the land sold.

After her death the note was paid to her executors, who have in their hands for distribution about six thousand dollars of the money received. The question is whether this sum passed to Eunice R. Bayly under the will and codicil. By a pro forma decree the Circuit Court for Baltimore County, sitting in equity, determined that it did so'pass, and ordered it to be paid to N. Rogers Bayly, her administrator, who is one of the appellees.