ARROWSMITH v. MERCANTILE-SAFE DEPOSIT

No. 144, September Term, 1987.

313 Md. 334 (1988)

545 A.2d 674

EDITH ANNE ARROWSMITH ET AL. v. MERCANTILE-SAFE DEPOSIT AND TRUST COMPANY ET AL.

Court of Appeals of Maryland.

August 8, 1988.


Attorney(s) appearing for the Case

A. MacDonough Plant (Semmes, Bowen & Semmes, on brief), Baltimore, Stanard T. Klinefelter and Roger D. Redden (Robert C. Young and Kurt J. Fischer, on brief), Baltimore, William T. Kerr (John C. Heisler and Bregel, Kerr & Heisler, on brief), Towson, Scott M. Kleger (Ronald W. Fuchs, Edward J. Hutchins, Jr. and Eccleston and Seidler, on brief), Baltimore, for appellants/cross-appellees.

Frederick G. Savage (Estelle A. Fishbein, both on brief), Baltimore, for appellees.

Argued before MURPHY, C.J., and ELDRIDGE, COLE, RODOWSKY, McAULIFFE, ADKINS and BLACKWELL, JJ.


RODOWSKY, Judge.

This estates and trusts case presents three issues:

1. Where the exercise of a testamentary power of appointment is questioned under the rule against perpetuities, should the period of the rule be measured from the creation of the power, as provided by current Maryland law, or from the exercise of the power? 2. Can the doctrine of dependent relative revocation avoid the rule against perpetuities by including a perpetuities saving...

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