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Lanahan v. Mercantile Trust & Deposit Co.

CHARLES M. LANAHAN, JR., vs. MERCANTILE TRUST AND DEPOSIT COMPANY OF BALTIMORE, Trustee, Et Al.

Lanahan v. Mercantile Trust & Deposit Co., 104 A. 416 (Md. 1918)
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Court
Court of Appeals of Maryland · State Highest Courts
Decided
June 20, 1918
Judges
Briscoe
Citations
104 A. 416133 Md. 1181918 Md. LEXIS 108
Headnotes
Wills and trusts: stock dividends; income or corpus?
Summary
Appeal from Circuit Court No. 2 of Baltimore City. (Ambler, J.) The facts are stated in the opinion of the Court. This cause and the preceding' were argued together.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Briscoe

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

The controlling questions to be determined in this ease are the same as those disposed of and decided by us in No. 22, Krug v. Mercantile Trust and Deposit Co., et al., ante, p. 110, and for the reasons stated in that case the decree in this case will be reversed and the cause will be remanded so as a decree may be passed, declaring that the shares of stock in the Merchants and Miners Transportation Company distributed by the Trust Company to the trust estate herein, constitute income and not corpus or principal and is payable to the life tenant.

Decree reversed and cause remanded, the costs above and below to be paid equally by the life tenant and remaindermen.

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