Strahorn v. Rowe

³⁶⁵ Urner., J., delivered the opinion of the Court. The will of Christian Dammeyer, of Annapolis, after making separate devises of certain houses and lots of ground in that city to his son, Christian F. W. Dammeyer, and his daughters, Regina C. Rowe, Amelia Roche, Amanda Neuman, and Hattie George, and stating that a daughter, Hilda Dammeyer, did not share in the division of the testator’s real estate under the will because he had transferred to her certain real estate and bank stock, provided as follows: “I direct that all the rest and residue of my property of every kind shall be divided equally between my children, Christian E. W. Dammeyer, Amelia Roche, Amanda Neuman, Hattie George and Hilda Dammeyer; my daughter, Regina O. Rowe having received an advance of two thousand dollars from me, shall not share in this residue of my property.” The bill of complaint filed in this case by the daughter, Regina C. Rowe, and her husband, alleges that on April 26th, 1920, her father advanced to her the sum of two thousand dollars, for which she and her husband gave a mortgage on their home in Annapolis, and at that time her father had a will by which she was given an equal share in his residuary estate, but that he subsequently made the will from which we have quoted, having in the meantime made a gift to her of the two thousand dollars represented by the mortgage, which is the only sum ever advanced to her by the testator, and is the advancement to which the residuary clause of the will refers. It is the object of the bill to prevent the enforcement of a power of sale in the mortgage under an assignment, made by the executors of the will, for the purpose of foreclosure. The question raised by demurrer to the bill is whether, upon the facts