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EQUITABLE TRUST CO. v. SMITH

No. 851, September Term, 1974.

26 Md. App. 204 (1975)

337 A.2d 205

EQUITABLE TRUST COMPANY, PERSONAL REPRESENTATIVE UNDER WILL OF ADA E. STOLL v. CAROLYN SMITH, SUBSTITUTED TRUSTEE UNDER WILL OF JOHN E. STOLL ET AL.

Court of Special Appeals of Maryland.

Decided May 8, 1975.

Attorney(s) appearing for the Case

Hugh J. Monaghan, II, for appellant.

William C.C. Barnes, with whom was Charles E. Quandt on the brief for appellees John Walter Smith, deceased and John D. Stoll, deceased, two remaindermen under trust estate created by residuary clause of Last Will and Testament of John E. Stoll.

No brief or appearance on behalf of appellee Carolyn Smith, substituted trustee under the will of John E. Stoll.

The cause was argued before ORTH, C.J., and MORTON and THOMPSON, JJ.

ORTH, C.J., delivered the opinion of the Court.

We are called upon to determine the disposition under the will of John E. Stoll, deceased, of a void legacy.

FACTS

Facts material to the issue are not disputed. John E. Stoll died on 7 November 1948 leaving a will dated 21 February 1946 which was admitted to probate by the Orphans' Court of Baltimore City on 22 November 1948. Item 1 of the will gave all his household furniture and personal effects...

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