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ELLIOTT v. MARYLAND NAT'L BANK

[No. 83, September Term, 1980.]

291 Md. 69 (1981)

432 A.2d 473

REUBEN ELLIOTT ET UX. v. MARYLAND NATIONAL BANK, PERSONAL REPRESENTATIVE OF THE ESTATE OF M. GLADYS IDDINGS

Court of Appeals of Maryland.

Motion for reconsideration filed August 18, 1981.

Denied September 8, 1981.

Attorney(s) appearing for the Case

Franklin S. Tyng, with whom was William O. Carr, on the brief, for appellants.

Daniel H. Honemann, with whom were Clapp, Somerville, Black & Honemann on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SMITH, ELDRIDGE, COLE, DAVIDSON and RODOWSKY, JJ.

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

The central question in this case concerns an application of Maryland Code (1974) § 5-207 of the Estates and Trusts Article which provides:

"(a) Filing petition to caveat. — Regardless of whether a petition for probate has been filed, a verified petition to caveat a will may be filed at any time prior to the expiration of six months following the first...

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