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BOYNTON v. BARTON

[No. 118, October Term, 1948.]

192 Md. 582 (1949)

64 A.2d 750

BOYNTON v. BARTON, ADMINISTRATOR

Court of Appeals of Maryland.

Decided March 11, 1949.

Attorney(s) appearing for the Case

William L. Marbury and G. Van Velsor Wolf, with whom were Marbury, Miller & Evans and John W.T. Webb on the brief, for the appellant.

Carlyle Barton and Stuart E. Brown, Jr., with whom were Niles, Barton, Morrow & Yost on the brief, for the appellee.

The cause was argued before MARBURY, C.J., DELAPLAINE, COLLINS, GRASON, HENDERSON, and MARKELL, JJ.

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

This appeal is from a decree of the Circuit Court of Baltimore City, construing the will of John E. Hurst, upon petition of the Mercantile Trust Co., trustee.

John E. Hurst died on January 6, 1904, leaving a will which was duly admitted to probate. Item 14 of his will reads as follows:

"All the rest and residue of my estate and property of whatever kind and wherever situated, of which I may die seized...

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