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IN RE TRUST OF LANE

No. 60, September Term, 1990.

323 Md. 188 (1991)

592 A.2d 492

IN RE TRUST UNDER THE LAST WILL AND TESTAMENT OF MICHAEL J. LANE; MILDRED L. BROWNELL AND HERBERT W. REICHELT, TRUSTEES.

Court of Appeals of Maryland.

July 22, 1991.

Attorney(s) appearing for the Case

Josef B. Brown and Daniel A. LaPlaca (Reichelt, Nussbaum, Brown, Dukes & LaPlaca, on brief), Greenbelt, for appellant.

Philip L. O'Donoghue and Stanard T. Klinefelter (Dena C. Feeney, Cristin C. Lambros, on brief), Baltimore, for Estates and Trusts Section of the Maryland State Bar Ass'n, for amicus curiae.

Argued before MURPHY, C.J., ELDRIDGE, RODOWSKY, McAULIFFE, CHASANOW, KARWACKI, JJ., and CHARLES E. ORTH, Jr., Judge of the Court of Appeals of Maryland (retired, specially assigned).

CHASANOW, Judge.

This case presents two issues for our consideration: Whether the circuit court may modify the terms of a testamentary trust if all the beneficiaries consent and the modification does not frustrate the settlor's purpose; and secondly, if in fact the court has the power to modify the testamentary trust, whether, in the instant case, all the possible beneficiaries have consented to the proposed modification.

At the heart of the controversy is...

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