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VLAMIS v. DE WEESE

[No. 212, September Term, 1957.]

216 Md. 384 (1958)

140 A.2d 665

VLAMIS ET AL., TRADING AS ELKTON AUTO PARTS, ET AL. v. DE WEESE ET AL. (Two Appeals In One Record)

Court of Appeals of Maryland.

Motion for rehearing filed May 21, 1958.

Denied May 23, 1958.

Attorney(s) appearing for the Case

Paul F. Due and B. Conway Taylor, Jr., with whom were Wm. Wilson Bratton and William G. Kemp on the brief, for appellants.

Floyd J. Kintner, with whom were H. Kenneth Mackey, William B. Evans and Kintner & Evans on the brief, for appellees.

The cause was argued before HENDERSON, HAMMOND and PRESCOTT, JJ., and GRAY, JR., Chief Judge of the Seventh Judicial Circuit, specially assigned.

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

In 1921 Warren E. Malin bought a lot in Elkton, erected a building thereon and began to operate a garage and automobile sales agency. In 1922 Malin, for a cash consideration, conveyed to Reuben A. Deibert a one-half interest as a tenant in common in the real estate and personal property used in the business. Deibert died nine months later, leaving a will which gave his widow a life interest and his daughter the remainder...

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