Stewart v. Whitehurst

In this appeal from the Circuit Court for Montgomery County, sitting as the Orphans’ Court, the result reached was eminently correct, but not for the reason relied upon below.

Robert L. Stewart died domiciled in Montgomery County on 4 March 1971, leaving a will dated 20 August 1951, by which the residue of his estate had been given and devised to his wife, Suzette Stewart, who had died on 13 July 1970, thus predeceasing the testator by some eight months. Robert and Suzette had no children, but Robert was survived by his father, Edward Stewart, who qualified as Robert’s personal representative;…