Caruthers v. Buscher

This is an appeal by the Personal Representatives of the late Joseph D. Buscher from the sustaining of exceptions to their Second Account by the Circuit Court for Montgomery County, sitting as an orphans’ court. The issue is whether the Personal Representatives were authorized to make payments on the mortgage that encumbers the property 2112 Firethorn Road. To resolve it, we must construe Mr. Buscher’s Will, and, in light of that construction, consider the relationship between two sections of the Estates and Trusts article — § 4-406, dealing with “exoneration”, and § 7-401, describing the…