PROBASCO v. CLARK

No. 4, September Term, 1984.

58 Md. App. 683 (1984)

474 A.2d 221

ELLIS R. PROBASCO v. JOHN E. CLARK, TRUSTEE, ET AL.

Court of Special Appeals of Maryland.

May 4, 1984.


Attorney(s) appearing for the Case

Frederick J. Hatem, Jr., Bel Air, with whom were Thomas E. Marshall and Hatem, Kelly, Baldwin & Marshall, Bel Air, on brief, for appellant.

John E. Clark, Bel Air, and William B. Stansbury, Jr., Towson, for appellees.

Argued before GILBERT, C.J., and LISS and GETTY, JJ.


GILBERT, Chief Judge.

It is highly doubtful that when Herbert L. Armstrong created a simple testamentary trust leaving an income to his son for life and the remainder to a church that he foresaw that such a straightforward bequest would lead to this litigation.1

This case is a variation of the old saw, "Where there is a will, there are relatives." Here there is a relative who seeks to uphold the provisions of a testamentary trust...

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