Legal Opinion · Dissent
Geier v. Mercantile-Safe Deposit & Trust Co.
Court of Appeals of Maryland
Decided December 17, 1974No. [No. 17, September Term, 1974.]Published
1Dissent
*125 Eldridge, J.,
dissenting:
I respectfully dissent.
As the opinion of the Court notes, the market value of the assets of the Ernst trust as of April 1973 was $13,646,554. The effect of the majority’s decision is to reduce the corpus of the trust from $13,646,554 to $7,654,554. This amounts to a 44% reduction in the value of the corpus. Such a result, to borrow the language of the chancellor, is “bizarre.” More than that, it is inconceivable to me that the testator would have intended or desired such a diminution in the trust assets.
Assuming, arguendo, that under principles of stare decisis the…
2Cases cited17 opinions
- United States v. SchartonSupreme Court of the United States · 1932
- Piedmont & Northern Railway Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1932
- Scoville Service, Inc. v. Comptroller of the TreasuryCourt of Appeals of Maryland · 1973
- Giant of Maryland, Inc. v. State's AttorneyCourt of Appeals of Maryland · 1973
- Perdue, Inc. v. State Department of Assessments & TaxationCourt of Appeals of Maryland · 1972
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