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

[Misc. No. 3, September Term, 1976.]

280 Md. 46 (1977)

371 A.2d 650

MERCANTILE-SAFE DEPOSIT AND TRUST COMPANY, TRUSTEE, ETC., ET AL. v. CAROLYN BAUERNSCHMIDT PURIFOY, ETC., ET AL.

Court of Appeals of Maryland.

Decided April 4, 1977.


Attorney(s) appearing for the Case

Daniel H. Honemann, with whom were Walter E. Black, Jr. and Robert Sloan on the brief, for George W. Bauernschmidt, et al., part of appellants. Allan H. Fisher, Jr., with whom was David M. Tralins on the brief, for Mercantile-Safe Deposit and Trust Company, Trustee, et al., other appellants.

William A. Snyder, Jr., with whom were Donald C. Greenman and Ober, Grimes & Shriver on the brief, for appellees.

The cause was argued before MURPHY, C.J., and SMITH, DIGGES, LEVINE, ELDRIDGE and ORTH, JJ., and RIDGELY P. MELVIN, JR., Associate Judge of the Court of Special Appeals, specially assigned.


MURPHY, C.J., delivered the opinion of the Court. SMITH and DIGGES, JJ., dissent, and SMITH, J., filed a dissenting opinion in which DIGGES, J., concurs at page 59 infra.

This case reaches us from the United States Court of Appeals for the Fourth Circuit, pursuant to the Uniform Certification of Questions of Law Act, Maryland Code (1974) Courts and Judicial Proceedings Article, § 12-601 et seq.; that Act authorizes us to answer questions of state...

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