Legal Opinion

Arrowsmith v. Mercantile-Safe Deposit & Trust Co.

Court of Appeals of Maryland

Decided August 8, 1988No. 144, September Term, 1987PublishedCited by 3 opinions

1Opinion of the Court

RODOWSKY, Judge.

This estates and trusts case presents three issues:

1. Where the exercise of a testamentary power of appointment is questioned under the rule against perpetuities, should the period of the rule be measured from the creation of the power, as provided by current Maryland law, or from the exercise of the power?

2. Can the doctrine of dependent relative revocation avoid the rule against perpetuities by including a perpetuities saving clause from an earlier exercise of a testamentary power of appointment into a later exercise of the power?

3. Should Maryland law be changed to…

2Cases cited20 opinions

  1. Balls v. DampmanCourt of Appeals of Maryland · 1888
  2. Second Church of Christ, Scientist, of New York City v. KaufmanCalifornia Supreme Court · 1945
  3. Blackford v. AndersonSupreme Court of Iowa · 1939
  4. Gambrill v. GambrillCourt of Appeals of Maryland · 1914
  5. Fitzpatrick v. Mercantile-Safe Deposit & Trust Co.Court of Appeals of Maryland · 2001

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3Cited by3 opinions

  1. King v. Trustees of Boston UniversityMassachusetts Supreme Judicial Court · 1995
  2. National Federation of Republican Assemblies v. United StatesDistrict Court, S.D. Alabama · 2002
  3. Kroll v. NehmerCourt of Appeals of Maryland · 1998

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