FLEISCHMANN v. MERCANTILE TR. CO.

[No. 127, October Term, 1948.]

192 Md. 680 (1949)

65 A.2d 182

FLEISCHMANN v. MERCANTILE TRUST CO. OF BALTIMORE ET AL.

Court of Appeals of Maryland.

Decided March 31, 1949.


Attorney(s) appearing for the Case

H. Mortimer Kremer for the appellant.

J. Crossan Cooper, Jr. with whom were Venable, Baetjer & Howard on the brief, for the appellee, Mercantile Trust Co., etc.

J. Paul Schmidt, with whom were Weinberg & Green, Leonard Weinberg and George L. Clarke on the brief, for appellees, Edwin Fleischmann et al.

The cause was argued before DELAPLAINE, COLLINS, GRASON, HENDERSON, and MARKELL, JJ.


MARKELL, J., delivered the opinion of the Court.

This is an appeal from an order overruling a demurrer to the bill of complaint.

Mercantile Trust Company is the surviving trustee under the will of Albert Gottschalk and as such is administering the trust estate under the jurisdiction of the lower court. It is also conducting a general banking business.

Lillie Fleischmann died on January 15, 1948, leaving as her next of kin two sons, Albert J. Fleischmann...

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