PELLEGRINO v. MARYLAND NAT'L BK.

[No. 359, September Term, 1971.]

265 Md. 687 (1972)

291 A.2d 456

PELLEGRINO ET AL. v. MARYLAND NATIONAL BANK ET AL.

Court of Appeals of Maryland.

Motion for rehearing filed June 27, 1972.

Denied June 29, 1972.


Attorney(s) appearing for the Case

Francis D. Murnaghan, Jr., for appellants Anne Smith Pellegrino, Banks Lund Smith and Kathleen Ingrid Smith, with whom were Shale D. Stiller and Avery Aisenstark on the brief for appellant Mary J. Smith.

Edward S. Digges, with whom were Richard J. Clark on the brief for appellee Robert J. Smith, Jr., and John O. Herrmann on the brief for appellee Maryland National Bank, Executor and Trustee under the will of Banks Lamar Smith, deceased.

The cause was argued before HAMMOND, C.J., and BARNES, McWILLIAMS, SINGLEY and SMITH, JJ., and RICHARD P. GILBERT, Associate Judge of the Court of Special Appeals, specially assigned.


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

The appellants in this case are the widow and the three children of a prior marriage of Banks Lamar Smith (Mr. Smith), who died on 8 April 1969, domiciled in Charles County, Maryland. The appellees are Maryland National Bank (Maryland National), the executor of Mr. Smith's will, and the trustee of two trust estates created by the will, and Robert J. Smith, Jr., a brother of Mr. Smith. The question presented is whether...

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