LANCASTER v. GARDINER

[No. 304, September Term, 1960.]

225 Md. 260 (1961)

170 A.2d 181

LANCASTER v. GARDINER ET AL., SUBSTITUTED TRUSTEES

Court of Appeals of Maryland.

Motion for rehearing filed June 5, 1961.

Denied June 22, 1961.

Motion for stay of mandate filed May 31, 1961.

Granted June 22, 1961.


Attorney(s) appearing for the Case

Edgar A. Wren for the appellees on the motion to dismiss.

Henry St. J. FitzGerald for the appellant on the motion to dismiss.

The cause was argued on the motion to dismiss before BRUNE, C.J., and PRESCOTT, HORNEY, MARBURY and SYBERT, JJ.


Granted June 22, 1961, as provided in Order of Court. Certiorari denied, 368 U.S. 836.

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

The appellees, Substituted Trustees under the will of S. Spearman Lancaster, have moved to dismiss the appeal herein on three grounds: first, that it is not timely as to an enrolled decree; second, that it is from a non-appealable discretionary order; and third, that it is defective as to one order because the appeal therefrom...

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