Equitable Trust Co. v. Smith

We are called upon to determine the disposition under the will of John E. Stoll, deceased, of a void legacy.

FACTS

Facts material to the issue are not disputed. John E. Stoll died on 7 November 1948 leaving a will dated 21 February 1946 which was admitted to probate by the Orphans’ Court of Baltimore City on 22 November 1948. Item 1 of the will gave all his household furniture and personal effects to his wife, Ada E. Stoll, absolutely “provided she is living at the time of my death.” Item 2 created a trust of all the remainder of his property for the benefit of his wife during her natural life,…