MARYLAND NAT'L BANK v. MERSON

[No. 85, September Term, 1967.]

249 Md. 353 (1968)

239 A.2d 905

MARYLAND NATIONAL BANK, TRUSTEE, ET AL. v. MERSON, ET AL.

Court of Appeals of Maryland.

Decided April 2, 1968.


Attorney(s) appearing for the Case

Russell R. Reno, Jr., with whom was J. Crossan Cooper, Jr., on the brief, for appellant Johns Hopkins Hospital.

Richard F. Cleveland and Cleaveland D. Miller, with whom was Harry E. Silverwood on the brief, for appellant Maryland National Bank, Trustee.

Submitted on brief by Francis X. Gallagher and Joseph G. Finnerty, Jr., for appellants Lawrence Cardinal Shehan, Roman Catholic Archbishop of Baltimore, and Mercantile-Safe Deposit and Trust Company.

Martin Beerman and Martin Fedder, with whom was Michael F. Delea, Jr., on the brief, for appellees.

The cause was argued before HAMMOND, C.J., and MARBURY, BARNES, McWILLIAMS and FINAN, JJ., and reargued before HAMMOND, C.J., and HORNEY, MARBURY, BARNES, McWILLIAMS, FINAN and PROCTOR, J., Associate Judge of the Third Judicial District, specially assigned, JJ.


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

Following a trustee's sale of 2,000 preferred shares in the Baltimore Brick Company which comprised part of the trust corpus, three separate suits were filed in the Circuit Court for Baltimore City. These were consolidated for trial, and it is from the decree of the Circuit Court ordering part of the proceeds from the sale to be paid the life tenants that the trustee and remaindermen have appealed. The appeal raises important...

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