Kelly v. Mercantile-Safe Deposit & Trust Co.

In Sollers v. Mercantile-Safe Deposit & Trust Co., 262 Md. 606, 278 A. 2d 581 (1971), we had occasion to restate the rule as regards the distribution to be made when there is a gift over in favor of descendants, other than the descendants of the testator, per stirpes. This case raises a related question: does a gift over in favor of a testator’s daughter’s “issue, share and share alike”, without more, (i) call for a distribution among the daughter’s descendants per stirpes, with the consequence that the first generation takes, and succeeding generations take only by representation of members…