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DOMAIN, EX'R OF ESTATE OF NAYLOR v. BOSLEY, INDIV. AND ADM'X D.B.N.

[No. 130, September Term, 1965.]

242 Md. 1 (1966)

217 A.2d 555

DOMAIN, EX'R OF THE ESTATE OF SARAH C. NAYLOR v. BOSLEY, INDIV. AND ADM'X D.B.N., C.T.A. OF THE ESTATE OF JAMES HARRISON NAYLOR

Court of Appeals of Maryland.

Dissenting opinion filed March 29, 1966.

Attorney(s) appearing for the Case

Herbert E. Witz, with whom was John N. Biesecker on the brief, for appellant.

L. Robert Evans, with whom was William M. Manko on the brief, for appellee.

The cause was argued before PRESCOTT, C.J., and HAMMOND, MARBURY, OPPENHEIMER, and McWILLIAMS, JJ.

PRESCOTT, C.J., delivered the majority opinion of the Court. HAMMOND, J., dissents. Dissenting opinion at page 11, infra.

The executor of a wife, who survived her husband for only a short time, appeals from an order of the Orphans' Court for Carroll County, which denied the executor's claim to an interest in both the real and personal property left by the deceased husband.

The husband and wife both died testate; he on February 17, 1964; she on May 20...

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