McElroy v. Mercantile-Safe Deposit & Trust Co.

The present case involves the construction of the will of the late Walter L. Clark, an eminent lawyer of Baltimore City, who was for many years a member of the Faculty of the University of Maryland School of Law. Two questions are raised with regard to the part of the residue which was devised under clause Fifth (b) II to the testator’s brother, Herbert Ball Clark, for the benefit of that brother and his family. These questions, the answers to which are interdependent, are as follows:(1) Was there a partial intestacy as to two-thirds of the part of the residue allocated to the brother?(2)…