Hilgartner v. Hilgartner
Decision Date | 16 December 1915 |
Docket Number | 98. |
Citation | 96 A. 519,127 Md. 270 |
Parties | HILGARTNER et al. v. HILGARTNER. |
Court | Maryland Court of Appeals |
Appeal from Circuit Court No. 2 of Baltimore City; Chas. W Heuisler, Judge.
Proceeding between Adele Hilgartner, individually and as trustee, and others, and Charles L. Hilgartner, individually and as one of the trustees of Andrew Hilgartner, deceased. From the decree the former parties appeal. Reversed and remanded.
Argued before BOYD, C.J., and BRISCOE, BURKE, THOMAS, URNER STOCKBRIDGE, and CONSTABLE, JJ.
George Whitelock, of Baltimore (Whitelock, Deming & Kemp, of Baltimore, on the brief), for appellants. Roland R. Marchant, of Baltimore (Addison E. Mullikin and Henry H. Dinneen, both of Baltimore, on the brief), for appellee.
The second clause of the will then reads as follows:
The third clause makes provision, in case Mrs. Hilgartner shall renounce the will, with regard to the disposition of the property which had been bequeathed by the second item of the will.
The fourth clause made provision for the devolution of his property in the event of the death of one or more of his children, and by the fifth clause he provides as follows:
Mr. Hilgartner died on the 21st of March, 1914, and his will was admitted to probate the April following. The date of the granting of the letters does not affirmatively appear in the record but presumably it was on or about the same date as the admission of the will to probate.
On the 12th February, 1915, his executors passed their first administration account, by which 1,250 shares of the capital stock of the Hilgartner Marble Company were distributed to his trustees under the terms of item 2 of the will. On the same day, February, 12, 1915, jurisdiction of the administration of the trust was assumed by the circuit court No. 2 of Baltimore city, and the question now presented is whether, under the language of item 5 of the will, the right of Charles L. Hilgartner to purchase the stock of his brother, Andrew, in the Hilgartner Marble Company had already expired by lapse of time, or whether that right still exists and will continue to exist throughout the life or widowhood of the testator's wife, Adele Hilgartner.
The language of item 5 does not specify the precise point of time at or within which the option or right of Charles L Hilgartner to purchase the stock of his brot...
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