ELDER v. SMITH

No. 34 September Term, 2009.

987 A.2d 36 (2010)

412 Md. 288

Emma ELDER v. Cherry Elder SMITH, Personal Representative of the Estate of Colonel Percy Elder, Sr.

Court of Appeals of Maryland.

January 13, 2010.


Attorney(s) appearing for the Case

Harry Goldman, Jr. (Skeen, Goldman, LLP, Baltimore, MD), on brief, for Petitioner.

Randolph C. Knepper and Debra B. Cruz (Levin & Gann, P.A., Towson, MD), on brief, for Respondent.

ARGUED BEFORE BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS and BARBERA, JJ.


BATTAGLIA, Judge.

We are asked to consider whether a monetary award entered two years prior to the death of a decedent in connection with the division of marital property upon divorce, though not reduced to judgment and recorded as a lien against real estate until after his death, is afforded priority in the statutory scheme of the Estates and Trusts Article.

Emma Elder and Colonel Percy Elder were married in 1976, but after twenty-six years of marriage and...

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