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SIMPSON v. PISCANO

[No. 48, September Term, 1979.]

288 Md. 560 (1980)

419 A.2d 1059

MARIE SIMPSON ET AL. v. DOLORES P. PISCANO ET AL.

Court of Appeals of Maryland.

Decided October 1, 1980.

Attorney(s) appearing for the Case

Argued and reargued by J. Edward Davis and Daniel T. Doherty, Jr., with whom were Steven K. Fedder and Weinberg & Green on the brief for Margaret Hoeck et al., part of appellants, and Alan Garfinkle on the brief for Marie Simpson et al., other appellants.

Argued and reargued by Richard W. Kiefer and Dorothy M. Beaman, with whom were Hooper, Kiefer & Cornell on the brief, for appellees.

The cause was argued before MURPHY, C.J., and SMITH, DIGGES, ELDRIDGE, ORTH, COLE and DAVIDSON, JJ., and reargued before MURPHY, C.J., and SMITH, DIGGES, ELDRIDGE, COLE, DAVIDSON and RODOWSKY, JJ.

SMITH, J., delivered the opinion of the Court. ELDRIDGE, COLE and DAVIDSON, JJ., dissent. COLE, J., filed a dissenting opinion at page 567 infra, in which ELDRIDGE and DAVIDSON, JJ., join.

We are here involved for the first time in interpreting Maryland's lapsed legacy statute as it was amended as a result of the 1968 report of the Governor's Commission to Review and Revise the Testamentary Law of Maryland, commonly known as the Henderson Commission (the Commission...

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