Ruckle v. Grafflin

Bryan, J., delivered the. opinion of the Court. The question in this case arises from the interpretation of the will of Elizabeth Ann Ruckle, deceased. The first clause of the will is a§ fpllows: “I give to my brother, Thomas C. Ruckle, all my interest in a lot on North Liberty street for his own benefit, also my ground rents on Stockton street; my bank and road stock to the childen of my brother, William H. Ruckle, to be divided equally between them.” Then follow several clauses disposing of both real and .personal estate. The residuary clause is in these words : “ To Thomas C. Ruckle I give all the remainder of my effects, he spend ⁶³¹ ing some money in enclosing and fixing up the lot in Mount Olivet Cemetery.

I appoint my brother, Thomas C. Ruckle, my executor of this my last will and testament.” After the publication of the will the testatrix acquired title in fee to thirty acres of land in Baltimore County. And the question to be decided is whether this land passed under the residuary clause of the will. Under our statute all land which the testatrix owned at the time of her death will pass under the will in the same manner that it would have passed, if it had belonged to her when the will was executed. It is very certain that the testatrix did not intend to die intestate as to any of her property.

After disposing of property, both real and personal, she gives away all the remainder of her effects ; that is, she said in substance : “ I have given away some of my effects, novr I will give away the remainder of them.” It is thus seen that she applied the word indiscriminately to her real and personal estate, designating both kinds of property as her effects. It was her purpose to dispose of all her property, and she certainly had no intention of leaving the residue to any one except the person named in the last clause of her will. There is no escape from the conclusion that she intended that he should have all that was not given to other persons. The will takes effect as if it had been executed immediately before her death, and it therefore operates on all the property which she