FITZPATRICK v. MER.-SAFE, ETC., CO.

[No. 11, September Term, 1959.]

220 Md. 534 (1959)

155 A.2d 702

FITZPATRICK ET AL. v. MERCANTILE-SAFE DEPOSIT & TRUST COMPANY, TRUSTEE ETC.

Court of Appeals of Maryland.

Decided November 16, 1959.


Attorney(s) appearing for the Case

L. Franklin Gerber, Jr., with whom were Charles E. Orth, Jr., and Orth, Orth & Gerber on the brief, for the appellants.

Albert F. Wheltle and Eugene A. Alexander, III, for the appellee.

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


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

This appeal is the natural sequel to Hawkins v. Ghent, 154 Md. 261, 140 A. 212, wherein it was held that the primary life estates created under the will of Amanda M. Hawkins were not violative of the rule against perpetuities (Rule) and, therefore, valid; but the question of the validity of the subsequent limitations — all being contingent — was left open...

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