CAUGHY v. SAFE DEPOSIT & TRUST CO.

[No. 12, October Term, 1950.]

196 Md. 252 (1950)

76 A.2d 323

CAUGHY v. SAFE DEPOSIT AND TRUST COMPANY OF BALTIMORE EXECUTOR AND TRUSTEE, ETC., ET AL.

Court of Appeals of Maryland.

Decided November 3, 1950.


Attorney(s) appearing for the Case

Harry E. Karr and Eldridge Hood Young, with whom was William R. Price, Jr., on the brief, for the appellant.

Charles Markell, Jr. with whom were Cook, Ruzicka, Veazey & Gans on the brief, for the appellee Safe Deposit and Trust Company of Baltimore, Executor and Trustee under the last will and testament of Frank J. Caughy, deceased.

Charles G. Page for the appellee George M. White, Administrator of the Estate of Adelaide Caughy, deceased.

The cause was argued before MARBURY, C.J., DELAPLAINE, COLLINS, and HENDERSON, JJ.


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

The question presented in this case is whether the estate of Adelaide Caughy, who died January 8, 1949, is entitled to the sum of $8,674.52 out of the balance of some $25,000 held by the trustee under the will of Frank J. Caughy.

Mr. Caughy died in 1930, leaving a will executed in 1927 which bequeathed to the Trust Company as trustee, "a sufficient portion of my estate * * * to produce the net income of one...

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