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VEDITZ v. ATHEY

[No. 321, September Term, 1964.]

239 Md. 435 (1965)

212 A.2d 115

VEDITZ v. ATHEY ET AL.

Court of Appeals of Maryland.

Motion for rehearing filed and denied July 28, 1965.

Attorney(s) appearing for the Case

Charles G. Page and J. Calvin Carney (on both arguments) for the appellant.

Daniel H. Honemann (on both arguments), with whom were Hinkley & Singley on the brief, for the appellees.

The cause originally was argued before HORNEY, MARBURY, SYBERT, OPPENHEIMER and BARNES, JJ., and reargued before the entire Court.

OPPENHEIMER, J., delivered the majority opinion of the Court. PRESCOTT, C.J., and HORNEY and SYBERT, JJ., dissent. Dissenting opinion by HORNEY, J., at page 450, infra.

The testatrix, in Item Second of her Will, bequeathed household furniture and personal effects to one niece. In her Second Codicil, the testatrix provided in part as follows: "FIRST: * * * I therefore modify Item Second of my said Will by adding thereto the following sentence: * * *" The sentence...

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