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EVANS v. McCOY

[No. 115, September Term, 1980.]

291 Md. 562 (1981)

436 A.2d 436

STANDLEY EVANS ET AL. v. LOWELL W. McCOY ET AL.

Court of Appeals of Maryland.

Decided October 23, 1981.

Attorney(s) appearing for the Case

Melvin J. Sykes, with whom was William B. Evans on the brief, for appellants.

William W. Cahill, Jr., with whom were William H. Holden, Jr., Richard C. Burch and Weinberg & Green and Leonard H. Lockhart on the brief, and by Diana G. Motz, Assistant Attorney General, with whom was Stephen H. Sachs, Attorney General, on the brief, for appellees.

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

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

This case involves whether adopted adults are "issue" under a will effective before the general adoption statute provided for adult adoptees. At stake is a farm devised to the testator's children, none of whom had natural offspring. The devise is in fee, determinable "[i]n the event all of [the testator's] children ... shall die without leaving issue living at the time of their death...." The surviving child made the...

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