MADDEN v. MERC.-SAFE DEP. & TR. CO.

[No. 448, September Term, 1970.]

262 Md. 406 (1971)

278 A.2d 55

MADDEN v. MERCANTILE-SAFE DEPOSIT AND TRUST COMPANY, TRUSTEE U/W OF WILLIAM R. HAMMOND ET AL.

Court of Appeals of Maryland.

Decided June 3, 1971.


Attorney(s) appearing for the Case

Harvey R. Clapp, III, and Arthur W. Machen, Jr., with whom were Venable, Baetjer & Howard on the brief, for appellant.

G. Van Velsor Wolf and Albert S. Barr, III, with whom were Piper & Marbury on the brief, for John F. Kelly, guardian ad litem, etc. et al., part of appellees. Peter Madden, in proper person, another appellee. No brief filed on behalf of Mercantile-Safe Deposit and Trust Company, Trustee, etc., other appellee.

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


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

Mrs. Audrey H. Madden, a widow born in 1890, made formal demand on Mercantile-Safe Deposit and Trust Company (the Mercantile), trustee of the residuary trust created by the will of her father, William R. Hammond, to deliver the assets of the trust estate to her, on the theory that she had become the owner of both the life and remainder interests in the trust estate, and was therefore entitled to terminate it. The Mercantile...

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