COLE v. BAILEY

[No. 31, September Term, 1958.]

218 Md. 177 (1958)

146 A.2d 14

COLE ET AL. v. BAILEY

Court of Appeals of Maryland.

Decided November 17, 1958.


Attorney(s) appearing for the Case

Frederick J. Singley, Jr., with whom were Joseph O'C. McCusker, Hinkley & Singley, and John W. Hessian, III, on the brief, for appellants.

William F. Mosner, for appellee.

The cause was argued before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.


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

We are called upon to decide whether a testator intended his residuary estate to go to his nephews and nieces in equal shares or whether he intended, as the chancellor found, that one nephew, the only child of his sister, should take one-half, and the other seven, children of his brother, should take the other one-half in equal shares.

The will gives the rest and residue to a corporate trustee in trust to pay...

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