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

[No. 17, September Term, 1974.]

273 Md. 102 (1974)

328 A.2d 311

GEIER ET AL. v. MERCANTILE-SAFE DEPOSIT AND TRUST COMPANY, ETC. ET AL.

Court of Appeals of Maryland.

Motion for rehearing filed December 17, 1974.

Denied January 6, 1975.

Attorney(s) appearing for the Case

William L. Marbury and G. Van Velsor Wolf, with whom were Donald P. McPherson, III and Piper & Marbury on the brief, for appellants.

J. Nicholas Shriver, Jr., and Donald C. Greenman, with whom were Ober, Grimes & Shriver on the brief, for appellees Delle S. Ernst and Sarah Ernst Darnall. No brief filed on behalf of other appellees.

The cause was argued before MURPHY, C.J., and SINGLEY, SMITH, DIGGES, LEVINE, ELDRIDGE and O'DONNELL, JJ.

SINGLEY, J., delivered the opinion of the Court. LEVINE, ELDRIDGE and O'DONNELL, JJ., dissent and ELDRIDGE, J., filed a dissenting opinion in which LEVINE and O'DONNELL, JJ., concur at page 125 infra.

In May, 1970, Mercantile-Safe Deposit and Trust Company (the Mercantile) and George Stugard, trustees of the trust estate created by the will of Richard P. Ernst, received a distribution of 56,000 shares of the common...

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