HALL v. ELLIOTT

[No. 417, September Term, 1963.]

236 Md. 196 (1964)

202 A.2d 726

HALL ET AL. v. ELLIOTT ET AL.

Court of Appeals of Maryland.

Motions for rehearing or to remand case or, in the alternative, for modification of opinion, filed August 24, 1964, and September 3, 1964.

Denied September 15, 1964.


Attorney(s) appearing for the Case

B. Conway Taylor, Jr., with whom were William M. Nickerson and Due, Whiteford, Taylor & Preston on the brief, for Bessie L. Hall, one of the appellants.

Clayton W. Daneker, with whom were Constable, Alexander & Daneker on the brief, for the other appellants.

Robert C. Prem for the executors under the will, two of the appellees.

Ward B. Coe, Jr., with whom were John F. King and Anderson, Coe & King on the brief, for Munsey T. Mowbray, an appellee.

Paul E. Burke, Jr., with whom were William B. Somerville and Smith, Somerville & Case on the brief, for Charles A. Mowbray, and others, also appellees.

G. Van Velsor Wolf and William B. Stansbury, Jr., with whom were Mathias J. DeVito, Mary Katherine Scheeler, Charles W. Held, Jr., F. Duncan Cornell and Piper & Marbury on the brief, for the Salvation Army, and others, also appellees.

The cause was argued before the entire Court.


HORNEY, J., delivered the majority opinion of the Court. BRUNE, C.J., and HENDERSON and SYBERT, JJ., dissent. Dissenting opinion by HENDERSON, J., at page 216, infra.

The principal question raised on this appeal is whether the specific legatees named in the will are entitled to indemnification out of the rest and residue of an estate for the shares of corporate stock they lost as a result of the widow electing to take against the will.

Reginald G. Mowbray...

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