BANGHART v. VIEWEG

[No. 331, September Term, 1970.]

261 Md. 214 (1971)

274 A.2d 333

BANGHART v. VIEWEG ET AL.

Court of Appeals of Maryland.

Decided March 4, 1971.


Attorney(s) appearing for the Case

Roger D. Redden and Ernest M. Thompson, with whom were Piper & Marbury and Miller, Wheeler, Thompson & Thompson on the brief, for appellant.

William H. Adkins, II, with whom were Henry, Henry & Adkins on the brief, for appellees.

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


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

We are here obliged to construe the will of the late Byron T. Banghart (Banghart) of Baltimore City. When a sale of the business previously carried on by The Baltimore Wholesale Grocery Company of Baltimore City (Baltimore Wholesale) was made, a question arose as to whether that sale was a termination of the trust created in Banghart's will. Appellant, Andrew Brittain Banghart (Andrew), brought a declaratory judgment...

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