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MER.-SAFE DEP. CO. v. APPONYI

[No. 270, September Term, 1958.] [No. 271, September Term, 1958.]

220 Md. 275 (1959)

152 A.2d 184

MERCANTILE-SAFE DEPOSIT & TRUST COMPANY, TRUSTEE, ET AL. v. APPONYI MERCANTILE-SAFE DEPOSIT & TRUST COMPANY, TRUSTEE v. EGAN, EXECUTOR (Two Appeals In Separate Records)

Court of Appeals of Maryland.

Decided June 10, 1959.

Attorney(s) appearing for the Case

Norwood B. Orrick and Arthur W. Machen, Jr., with whom were Venable, Baetjer & Howard on the brief, for the appellant Mercantile-Safe Deposit & Trust Company.

Ambler H. Moss, with whom were William A. Fisher, Jr., and Semmes, Bowen & Semmes on the brief, for the appellants Randolph Forrest Burke and N. Lombardi, guardian ad litem.

Roger B. Williams and Roger A. Clapp, with whom were Hershey, Donaldson, Williams & Stanley on the brief, for the appellees.

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

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

In 1894, in Thomas v. Gregg, 78 Md. 545, this Court selected the Pennsylvania Rule of apportionment of stock dividends between income and principal of a trust estate — that so much of the surplus of the corporation as was earned after the creation of the trust is, when distributed in the form of stock, presumptively income to the life tenant — as the most practicable and equitable test. In 1915...

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