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MERRICK v. MERCANTILE-SAFE DEPOSIT & TRUST CO.

No. 87-3168.

855 F.2d 1095 (1988)

Richard L. MERRICK, Plaintiff-Appellee, v. MERCANTILE-SAFE DEPOSIT & TRUST COMPANY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 2, 1988.

Attorney(s) appearing for the Case

Nell Berelson Strachan (Venable, Baetjer and Howard, Baltimore, Md., on brief) for defendant-appellant.

Charles Edwin Iliff, Jr. (H. Thomas Howell, Semmes, Bowen & Semmes, Baltimore, Md., on brief) for plaintiff-appellee.

Before POWELL, Associate Justice (Retired), United States Supreme Court, sitting by designation, ERVIN and WILKINSON, Circuit Judges.

POWELL, Associate Justice:

The primary question presented is whether appellant, Mercantile-Safe Deposit & Trust Company ("Mercantile"), may be held liable to a beneficiary of the last will and testament of one of its trust customers, where liability is premised on Mercantile's failure to advise the testatrix of its knowledge that the proposed bequest would be legally ineffective. We must also consider whether the district court erred (i) in excluding from the...

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