Kelly v. Duvall

WATTS, J.,

dissenting, in which BATTAGLIA, J., joins.

Respectfully, I dissent. I would dismiss the case for certiorari having been improvidently granted because review is not “necessary to secure uniformity of decision,” nor are there “other special circumstances rendering it desirable and in the public interest that the decision be reviewed.” Md.Code Ann., Cts. & Jud. Proc. (1973, 2013 Repl.Vol.) § 12-305. Alternatively, I would affirm the judgment of the Court of Special Appeals.

*288This case boils down to effectuating the intent of Elizabeth Duvall (“Mrs. Duvall”), the testatrix, to have her…