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

[No. 488, September Term, 1970.]

262 Md. 626 (1971)

278 A.2d 584

KELLY, GUARDIAN AD LITEM FOR WILLIAM B. SMITH, JR., MINOR v. MERCANTILE-SAFE DEPOSIT AND TRUST COMPANY, TRUSTEE U/W OF HAMILTON CASSARD ET AL.

Court of Appeals of Maryland.

Decided June 28, 1971.

Attorney(s) appearing for the Case

Frank M. Benson, Jr., with whom were Rob Ross Hendrickson and Sauerwein, Boyd & Decker on the brief, for appellant.

Robert C. Prem, with whom were Niles, Barton & Wilmer on the brief, for Elizabeth Thayer Smith et al., part of appellees. Submitted on brief by William A. Grimes and Ober, Grimes & Shriver for Mercantile-Safe Deposit and Trust Company, Trustee u/w of Hamilton Cassard, other appellee.

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

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

In Sollers v. Mercantile-Safe Deposit & Trust Co., 262 Md. 606, 278 A.2d 581 (1971), we had occasion to restate the rule as regards the distribution to be made when there is a gift over in favor of descendants, other than the descendants of the testator, per stirpes. This case raises a related question: does a gift over in favor of a testator...

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