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YINGLING v. SMITH

[No. 18, September Term, 1970.]

259 Md. 260 (1970)

269 A.2d 612

YINGLING ET AL. v. SMITH, EX'R OF THE ESTATE OF JOHN N. YINGLING

Court of Appeals of Maryland.

Decided October 16, 1970.

Attorney(s) appearing for the Case

J. Thomas Nissel, with whom was C. Rogers Hall, Jr., on the brief, for appellants.

William B. Dulany, with whom were Donald M. Smith and Dulany, Davis & Smith on the brief, for appellee.

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

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

We have before us an appeal from a grant of the defendant-appellee's motion for summary judgment in the court below. The narrow legal question presented to us is whether or not a bill of complaint filed September 20, 1968, satisfies the statutory requirement of "filing within six calendar months after" the appointment of an executor on March 19, 1968.

The appellants, plaintiffs below, filed a bill of complaint...

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