CLARKE v. CLARKE, TRUSTEE

[No. 111, September Term, 1959.]

222 Md. 153 (1960)

159 A.2d 362

CLARKE, JR. v. CLARKE, SUBSTITUTED TRUSTEE, ET AL.

Court of Appeals of Maryland.

Decided March 28, 1960.


Attorney(s) appearing for the Case

Charles G. Page, with whom was William J. McWilliams on the brief, for appellant.

C. Maurice Weidemeyer, with whom was Thomas M. Schifanelli on the brief, for Robert Fulton Clarke and Thomas B. Clarke, two of the appellees.

Michael Demyan, with whom was John Demyan, Jr., on the brief, for Angela G. Clarke, Substituted Trustee, the other 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 testamentary gift to the issue of a life tenant, with no intrinsic or extrinsic evidences of intent, results in a grandchild of the life tenant sharing equally with his father, a child of the life tenant, or whether the father takes to the exclusion of his son. The decision below was that the father took, and the infant son, by his guardian, appeals.

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