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CROUCH v. MERCANTILE, ETC., CO.

[No. 213, September Term, 1958.]

220 Md. 140 (1959)

151 A.2d 757

CROUCH ET AL. v. MERCANTILE-SAFE DEPOSIT AND TRUST COMPANY, SUBSTITUTED TRUSTEE, ET AL.

Court of Appeals of Maryland.

Decided June 4, 1959.

Attorney(s) appearing for the Case

J. Britain Winter, with whom were Albert R. Bowen, Jr., and Winter & Bowen on the brief, for appellants.

Arthur W. Machen, Jr., with whom were Russell R. Reno, Jr., and Venable, Baetjer & Howard on the brief for Mercantile-Safe Deposit and Trust Company, Substituted Trustee under the will of Samuel Winter, deceased, appellee.

J. Cookman Boyd, Jr., for Mercantile-Safe Deposit and Trust Company and Mildred W. Hart, Executors of the estate of W. Melbourne Hart, deceased, appellees.

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

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

This case calls for a construction of the will of one Samuel Winter, who died in 1892. The aid of a court of equity in construing the will was first sought in December, 1893, and the first decree construing it was entered in 1894. The present proceeding was instituted in December, 1957, by the present trustee under the will for the determination of the proper disposition of the one-sixth share of the income from the...

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