Sisters of Mercy v. Benzinger

⁶⁸⁸ Page, J., delivered the opinion of the Court. This appeal is from an order overruling exceptions to a sale made by trustees appointed by a decree of the Court to make sale of certain real estate described in the second paragraph of the will of Edward Power, deceased. The bill was filed by one of the devisees named in the paragraph against the others ; the heirs at law of the deceased are not made parties. It appears that the “Roman Catholic Asylum for Widows in the City of Baltimore” and “The Little Sisters of the Poor,” both named as devisees in the paragraph as tenants in common with other devisees therein named, are in fact one and the same concern ; and it is contended by the appellant that by reason of this fact, either the “bequest to. the Roman Catholic Asylum, or the one to The Little Sisters of the Poor” must fail, “in which case one share would by law revert to the heirs of the testator ; and they not having been made parties to the proceedings the trustees cannot convey a good and marketable title to the exceptant.” The second paragraph of the last will of Edward Power, after granting the real estate therein mentioned to the wife of the testator during her natural life or so long as she shall remain unmarried, further provides that at her death or marriage, whichever shall first happen, the said land and improvements shall pass to the “Sisters of Mercy atMt.

Washington, in Baltimore County, Maryland.” “The trustees of the Roman Catholic Asylum for Widows in the City of Baltimore, The House of the Good Shepherd in the City of Baltimore, Saint Vincent de Paul Benevolent Association on Front street in the City of Baltimore, Saint Mary’s Industrial School for Boys in the City of Baltimore, and The Little Sisters of the Poor in the City of Baltimore, as tenants in common, share and share alike.” It appears, from the Agreed Statement of Facts “that the