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GARDNER v. GARDNER

No. 728, September Term, 1974.

25 Md. App. 638 (1975)

335 A.2d 157

MARY M. GARDNER ET AL. v. JAMES E. GARDNER ET AL.

Court of Special Appeals of Maryland.

Decided April 9, 1975.

Attorney(s) appearing for the Case

Paul L. Wilkins for appellants.

James E. Thompson, Jr., and Phillips L. Goldsborough, III, with whom was Robert F. Price on the brief, for appellees.

The cause was argued before ORTH, C.J., and MASON, J., and ROBERT C. MURPHY, Chief Judge of the Court of Appeals, specially assigned.

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

By a deed dated April 13, 1945, B. Clay Coppage and his wife conveyed a 408-acre farm to James E. Gardner and his son, Irvin T. Gardner. The granting and habendum clauses recited that the property was granted and conveyed to the Gardners, as parties of the second part, "their heirs and assigns, forever and unto the survivor of them the said parties of the second part and unto the heirs and assigns of the survivor of...

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