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MARINE v. JOHNSON

No. 418, September Term, 1981.

50 Md. App. 327 (1981)

437 A.2d 694

SUSAN MARINE v. CURTIS JOHNSON.

Court of Special Appeals of Maryland.

Decided December 7, 1981.

Attorney(s) appearing for the Case

O. Robert Lidums, with whom was Julius A. Jodlbauer on the brief, for appellant.

Thomas L. Kemp, with whom were William G. Kemp and Melvin J. Sykes on the brief, for appellee.

The cause was argued before GILBERT, C.J., and MOORE and LISS, JJ.

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

This appeal asks whether a person who is appointed as a personal representative under a will admitted to judicial probate may then maintain an action challenging the probate. Phrased more simplistically, may the defender of the will be its principal assailant?

The facts giving rise to this question are uncomplicated. Marianne Marine died on November 2, 1979. Approximately...

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