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SMITH v. MERCANTILE TRUST CO.

[No. 90, October Term, 1951.]

199 Md. 264 (1952)

86 A.2d 504

SMITH v. MERCANTILE TRUST COMPANY OF BALTIMORE, SURVIVING SUBSTITUTED TRUSTEE ET AL.

Court of Appeals of Maryland.

Decided February 8, 1952.

Attorney(s) appearing for the Case

George Ross Veazey and George M. Radcliffe for the appellant.

J. Crossan Cooper, Jr., with whom were Venable, Baetjer & Howard on the brief, for the Mercantile Trust Company of Baltimore.

J. Royall Tippett, Jr., with whom were Hinckley & Singley on the brief, for the Hospital for Consumptives of Maryland, remainderman under the last will and testament of Gabrielle Edmondson Gambrill.

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

MARBURY, C.J., delivered the opinion of the Court.

The question involved in this case is the proper disposition of the accumulated income of a trust established by the codicil to the will of Gabriel D. Clark, Jr. The testator was a native of Maryland, having been born in 1837 in the City of Baltimore. He attended preparatory schools in Baltimore, then graduated from Princeton University, and, after one term in the Harvard Law School, he continued the study of law...

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