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JOHNSON v. PILKERTON

No. 1194, September Term, 1975.

32 Md. App. 174 (1976)

359 A.2d 227

JOSEPH A. JOHNSON v. MARY PHYLLIS PILKERTON, PERSONAL REPRESENTATIVE OF THE ESTATE OF MATTINGLY GIBBONS JOHNSON.

Court of Special Appeals of Maryland.

Decided June 29, 1976.

Attorney(s) appearing for the Case

John P. Rue, II, with whom were Dorsey & Rue on the brief, for appellant.

Neal P. Myerberg for appellee.

The cause was argued before FREDERICK J. SINGLEY, JR., and J. DUDLEY DIGGES, Associate Judges of the Court of Appeals of Maryland and JAMES S. GETTY, Associate Judge of the Fourth Judicial Circuit, all specially assigned.

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

Mattingly Gibbons Johnson died domiciled in St. Mary's County on 10 November 1973. The principal asset of his estate was a 128 acre tobacco farm, 60 acres of which, containing most of the improvements, he devised to one of his daughters, Mary Phyllis Pilkerton. The remainder of the farm, 68 acres, he devised to his other three daughters and to his son, the appellant, Joseph A. Johnson, as tenants in common. This remaining...

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