Marty v. First Nat'l Bk. of Balto.

The trustee under the will of Alfred J. Tormey asked the court to instruct it as to whether trusts under which nieces and nephews of the testator are receiving income have or have not terminated. From a decree holding that the trusts still continue, a nephew and a niece appeal.

At the time of the execution of the will in 1938, Mr. Tormey was seventy-two years old, a widower and childless. He had three living sisters, Mary Rosalie Power, then seventy-five; Mary Elizabeth Devries, then seventy-four; and Mary Helen Plummer, then seventy-seven. Mrs. Power had one son, J. Leonard Power, then…