STINCHCOMB v. MERC.-SAFE DEP. & TR.

[No. 226, September Term, 1969.]

257 Md. 482 (1970)

263 A.2d 845

STINCHCOMB, ET AL., EXECUTORS U/W OF LILLIAN ANITA STAUB v. MERCANTILE-SAFE DEPOSIT AND TRUST COMPANY, SUBSTITUTED TRUSTEE U/W OF FREDERICK SCHOENHERR, ET AL.

Court of Appeals of Maryland.

Decided April 3, 1970.


Attorney(s) appearing for the Case

Charles J. Stinchcomb, with whom were Leslie J. Polt and Weinberg & Green on the brief, for appellants.

William L. Marbury, with whom was Jesse Slingluff on the brief, for appellee Fidelity Union Trust Co., Executor u/w Robert Wilson, and Daniel H. Honemann for appellee Edward H. Hehrlein, with whom were Richard K. White, Jr., on the brief, for appellee Mrs. Pattie Tenney Kelly, Executrix u/w James Bright Kelly, and W. Hamilton Whiteford on the brief, for appellee Norman R. Freeman, Jr., Executor u/w Norman R. Freeman.

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


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

In writing this opinion we find sustenance in the aphorism that, "No will has a twin brother,"1 and hence the improbability that we shall soon again encounter a testamentary document of similar import.

Mercantile-Safe Deposit and Trust Company (Mercantile), one of the appellees, as Substituted Trustee under the will of Frederick Schoenherr, deceased, filed a bill of complaint in the...

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