MILLER v. MER.-SAFE DEP. & TR. CO.

[No. 143, September Term, 1960.]

224 Md. 380 (1961)

168 A.2d 184

MILLER ET AL. v. MERCANTILE-SAFE DEPOSIT AND TRUST COMPANY, EXECUTOR ET AL.

Court of Appeals of Maryland.

Decided February 24, 1961.


Attorney(s) appearing for the Case

Carl H. Lehmann, Jr., with whom was George W. Della on the brief, for the appellants.

Hilary W. Gans, with whom was Charles B. Levering on the brief, for the Executor, one of the appellees.

G. Van Velsor Wolf, with whom were Thomas C. Clarke and Piper & Marbury on the brief, for the Children's Hospital, Inc., a residuary legatee and appellee.

Robert W. Williams, with whom were J. Rieman McIntosh and Ober, Williams, Grimes & Stinson on the brief, for the James Lawrence Kernan Hospital and Industrial School of Maryland for Crippled Children, Inc., also a residuary legatee and appellee.

Submitted on brief by John C. Kump and Paul J. Yeager for the General German Orphan Association of the State of Maryland, Inc., the other residuary legatee and appellee.

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


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

The Circuit Court of Baltimore City decreed that the residuary clause of the last will and testament of George J. Heuter, deceased, should be construed cy pres1 and his nephews, who were next of kin and only surviving heirs at law, appealed.

The bill to construe the will and for instructions as to the manner in which the residuary estate should...

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