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SENK, EXECUTRIX v. MORK

[No. 78, October Term, 1956.]

212 Md. 413 (1957)

129 A.2d 675

SENK, EXECUTRIX v. MORK

Court of Appeals of Maryland.

Decided March 4, 1957.

Attorney(s) appearing for the Case

Arthur J. Hilland, with whom were DeWitt S. Hyde and A. Luini del Russo, on the brief, for appellant.

William L. Kahler, for appellee.

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

BRUNE, C.J., delivered the opinion of the Court.

The principal question in this case is whether or not a surviving spouse may maintain a contest attacking the validity of the will of the deceased spouse, when the survivor could have taken exactly the same interest by timely renunciation of the will as by striking it down through a successful caveat proceeding.1 The time for renunciation has expired.

The testatrix, Margaret D. Long...

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