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CORTE v. CUCCHIARA

[No. 257, September Term, 1969.]

257 Md. 14 (1970)

261 A.2d 775

CORTE v. CUCCHIARA, EXECUTOR OF THE ESTATE OF VITA D. SALVIA, ET AL.

Court of Appeals of Maryland.

Decided February 11, 1970.

Attorney(s) appearing for the Case

Howard E. Goldman, with whom were Audrey E. Melbourne and Stuart I. Schwartz on the brief, for appellant.

Stanley H. Kamerow for appellee Frank Cucchiara, Executor of the Estate of Vita D. Salvia.

James B. Carson, with whom were Felluca & Carson on the brief, for appellees Vincenza Lo Iacono Arculeo, Giuseppe D'Orio, Sister Jsaia Vita Lombardo, Maria Polizzi, Giuseppe D'Orio, Maria D'Orio, Giacoma D'Orio, Salvatore D'Orio, and Ignazio D'Orio.

The cause was argued before HAMMOND, C.J., and BARNES, McWILLIAMS, SINGLEY, SMITH and DIGGES, JJ.

HAMMOND, C.J., delivered the opinion of the Court.

The Orphans' Court for Prince George's County ruled that a husband, whose wife died five days before the Circuit Court signed a decree divorcing her absolutely on the ground of separation for the requisite period by mutual agreement, could not take a statutory share of her estate, and ordered distribution according to the terms of her last will which made no mention of the husband, naming her son as executor and bequeathing...

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