STACY v. BURKE

[No. 55, September Term, 1970.]

259 Md. 390 (1970)

269 A.2d 837

STACY v. BURKE, EXECUTOR UNDER THE WILL OF ERLE EDWARDS STACY

Court of Appeals of Maryland.

Motion for rehearing filed November 12, 1970.

Denied and opinion modified November 16, 1970.


Attorney(s) appearing for the Case

Robert A. Wallace, with whom was George L. Quinn, Jr., on the brief, for appellant.

James T. Barbour for appellee.

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


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

The two principal questions in this appeal are whether the Circuit Court for Montgomery County (Shook, J.) in a suit by a decedent's executor to declare a constructive trust on certain property of the decedent in the hands of the appellant erred (1) in declining to admit two documents signed by the decedent in regard to alleged gifts of the property and (2) in withdrawing its original order ruling for the defendant and...

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