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YIVO INSTITUTE FOR JEWISH RESEARCH v. ZALESKI

No. 56, September Term, 2004.

874 A.2d 411 (2005)

386 Md. 654

YIVO INSTITUTE FOR JEWISH RESEARCH v. PAUL ZALESKI, Personal Representative of the Estate of Jan Karski, et al.

Court of Appeals of Maryland.

May 11, 2005.

Attorney(s) appearing for the Case

Philip L. O'Donoghue (Tanya C. Bernstein, Furey, Doolan & Abell, LLP, Chevy Chase, MD, on brief), for petitioner.

Charles H. Fleischer (Oppenheimer, Fleischer & Quiggle, P.C., Deborah G. Matthews, Robert E. Ward & Associates, P.C., Bethesda, Jane Moretz Edmisten, Jane Moretz-Edmisten & Associates, P.C., Washington, DC, on brief), for respondents.

Argued before BELL, C.J., RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA and GREENE, JJ.

GREENE, J.

In this case we are asked to revise the Maryland law of ademption by satisfaction and require that a testator's intention to adeem a legacy can be proven only by a writing made contemporaneous with an inter vivos gift. Petitioner, in its attempt to persuade us to change the law, relies in part on the assertion that the doctrine of ademption is in conflict with Md.Code (2001), § 3-106 of the Estates & Trusts Article, the Restatement (Third...

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