MERC.-SAFE DEPOSIT AND TRUST COMPANY v. WINTER'S DEPOSIT AND TRUST COMPANY

[No. 208, September Term, 1966.]

246 Md. 106 (1967)

228 A.2d 289

MERCANTILE-SAFE DEPOSIT AND TRUST COMPANY, TRUSTEE U/W JOHN S. GITTINGS, ET AL. v. MERCANTILE-SAFE DEPOSIT AND TRUST COMPANY, SUCCESSOR TRUSTEE U/W ANNIE M. WINTER, ET AL.

Court of Appeals of Maryland.

Decided April 4, 1967.


Attorney(s) appearing for the Case

Eugene H. Schreiber, with whom were Moses W. Rosenfeld and Blades & Rosenfeld on the brief for Mercantile-Safe Deposit & Trust Company, Trustee, u/w of John S. Gittings, etc., et al., part of appellants; John S. McDaniel, Jr., with whom were Cable & McDaniel on the brief for Gladys Gittings Barrett, appellant-appellee.

Allan H. Fisher, Jr. for Samuel J. Fisher, Adm'r de Bonis Non, etc., one of appellees; F. Hooper Bond for Mercantile-Safe Deposit & Trust Company, Successor Trustee u/w of Annie M. Winter, another appellee; (no brief filed for other appellees)

The cause was argued before HAMMOND, C.J., and HORNEY, OPPENHEIMER, BARNES and McWILLIAMS, JJ.


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

Mercantile-Safe Deposit and Trust Company, as Successor Trustee under the Will of Annie M. Winter, deceased, filed in Circuit Court No. 2 of Baltimore City a Supplementary Bill of Complaint to obtain a judicial construction of Item 7 of the Will of Annie M. Winter.

Item 7 of the Winter Will reads as follows:

"7. I give, devise and bequeath all the rest, residue and remainder of my estate, real and...

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