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GAITHER v. FIDELITY ETC. TRUST CO.

[No. 166, October Term, 1954,]

208 Md. 8 (1955)

115 A.2d 711

GAITHER ET AL. v. FIDELITY-BALTIMORE NATIONAL BANK & TRUST COMPANY, ADMINISTRATOR ET AL.

Court of Appeals of Maryland.

Decided July 14, 1955.

Attorney(s) appearing for the Case

Paul F. Due, with whom was John L. Clark on the brief, for the appellants.

G. Van Velsor Wolf, with whom were E. Clinton Bamberger, Jr., and Piper & Marbury on the brief, for Fidelity-Baltimore National Bank & Trust Company.

Henry M. Decker, Jr., with whom was F. Murray Benson on the brief, for The Western Maryland College, Residuary Legatee.

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

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

The administrator c.t.a. of the estates of James H. Gaither and Eleanor B. Gaither, which was also the trustee under their respective wills, brought this suit for the purpose of obtaining instructions as to its duties in each of those four capacities. Several questions were raised, but this appeal presents only one. This is whether, under the proper construction of the will of James H. Gaither, his mother, Rosa...

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