McELROY v. MER.-SAFE DEP. CO.

[No. 227, September Term, 1961.]

229 Md. 276 (1962)

182 A.2d 775

McELROY ET AL. v. MERCANTILE-SAFE DEPOSIT AND TRUST COMPANY, TRUSTEE (Six Appeals in One Record)

Court of Appeals of Maryland.

Decided July 9, 1962.


Attorney(s) appearing for the Case

Roger A. Clapp and Frederick J. Singley, Jr. (on both arguments), with whom were Jon F. Oster, Hershey, Donaldson, Williams & Stanley and Hinkley & Singley on the brief, for Helen B. McElroy, Mary B. Guyton and the First National Bank and Trust Company in Waynesboro, both as Executor and Trustee under the Will of Silas G. Benedict, deceased, and as Administrator d.b.n.c.t.a. of the Estate of Lillian Clark Benedict, deceased.

G. Van Velsor Wolf (on both arguments), with whom were Piper & Marbury on the brief, for Harriet B. Clark and Dorothy White, Administratrix c.t.a. of the Estate of Herbert Ball Clark.

Edmund P. Dandridge, Jr. (on both arguments), with whom were Venable, Baetjer & Howard on the brief, for the Johns Hopkins University.

Daniel B. Leonard (on the reargument) for the Associated Professors of Loyola College in the City of Baltimore.

Robert C. Murphy, Assistant Attorney General (on the reargument), with whom was Thomas B. Finan, Attorney General, on the brief, for the University of Maryland School of Law.

Submitted on brief at both arguments by William B. Somerville, George Edward Thomsen and Smith, Somerville & Case for the Trustee.

The cause originally was argued before HAMMOND, PRESCOTT, HORNEY, MARBURY and SYBERT, JJ., and reargued before BRUNE, C.J., and HAMMOND, PRESCOTT, HORNEY, MARBURY and SYBERT, JJ., and NILES, J., Chief Judge of the Supreme Bench of Baltimore City, specially assigned.


NILES, J., by special assignment, delivered the opinion of the Court.

The present case involves the construction of the will of the late Walter L. Clark, an eminent lawyer of Baltimore City, who was for many years a member of the Faculty of the University of Maryland School of Law. Two questions are raised with regard to the part of the residue which was devised under clause Fifth (b) II to the testator's brother, Herbert Ball Clark, for the benefit of that brother...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases