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McMAHON v. ST. PAUL'S REF. CHURCH

[No. 61, October Term, 1949.]

194 Md. 262 (1950)

71 A.2d 17

McMAHON ET AL. v. THE CONSISTORY OF ST. PAUL'S REFORMED CHURCH ET AL.

Court of Appeals of Maryland.

Decided January 12, 1950.

Attorney(s) appearing for the Case

F. Neal Parke and D. Eugene Walsh, with whom were Sherman P. Bowers and Charles O. Fisher on the brief, for the appellants.

Theodore F. Brown and A. Earl Shipley for the appellees.

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

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

The appeal in this case is from an order of the Circuit Court for Carroll County, in Equity, overruling a demurrer to an amended bill of complaint. The matter arose under the third paragraph of the will of John T. Orndorff, deceased, and the sixth paragraph of the codicil thereto. The will was executed on the 5th day of October, 1893, and the codicil on April 19, 1894.

By the third paragraph of the will the testator...

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