BAKER v. BAYLIES

[No. 286, September Term, 1962.]

231 Md. 287 (1963)

189 A.2d 820

BAKER ET AL. v. BAYLIES ET AL., ETC.

Court of Appeals of Maryland.

Decided April 9, 1963.


Attorney(s) appearing for the Case

William A. Fisher, Jr., with whom were Semmes, Bowen & Semmes on the brief, for Jeanette B. McNerney, one of appellants.

B. Conway Taylor, Jr., and Jon F. Oster, with whom were Due, Nickerson, Whiteford & Taylor, Hinkley & Singley, William O. Doub, George M. Radcliffe and Niles, Barton, Gans & Markell on the brief, for Charles B. Baker and others, other appellants.

Melvin J. Sykes, with whom were Philip L. Sykes and Roy R. Rigby on the brief, for Kenton S. and Alfred J. Baylies, part of appellees.

Submitted on the brief by J. Crossan Cooper, Jr., Russell R. Reno, Jr., and Venable, Baetjer & Howard, for Mercantile-Safe Deposit & Trust Co., other appellee.

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


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

The chancellor construed the will of John H. Baylies, who died in 1911 a resident of Maryland, as passing an ultimate remainder to those persons living in 1961 (when the last surviving life tenant died without issue) who would take from the testator, under the law in effect in 1911, "an estate of inheritance in lands in fee vested in me by purchase, in the event of my death...

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