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MARTY v. FIRST NAT'L BK. OF BALTO.

[No. 50, October Term, 1955.]

209 Md. 210 (1956)

120 A.2d 841

MARTY ET AL. v. FIRST NATIONAL BANK OF BALTIMORE, TRUSTEE (Two Appeals in One Record)

Court of Appeals of Maryland.

Decided February 27, 1956.

Attorney(s) appearing for the Case

McKenny W. Egerton, with whom were Piper & Marbury on the brief, for Mary Louise Marty.

Edmund P. Dandrige, Jr., with whom were Venable, Baetjer & Howard on the brief, for J. Leonard Power.

Roger B. Williams and Roger A. Clapp, with whom were Hershey, Donaldson, Williams & Stanley on the brief, for the First National Bank of Baltimore, Trustee.

The cause was argued before BRUNE, C.J., and DELAPLAINE, COLLINS, HENDERSON and HAMMOND, JJ.

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

The trustee under the will of Alfred J. Tormey asked the court to instruct it as to whether trusts under which nieces and nephews of the testator are receiving income have or have not terminated. From a decree holding that the trusts still continue, a nephew and a niece appeal.

At the time of the execution of the will in 1938, Mr. Tormey was seventy-two years old, a...

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