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Legal Opinion

Simpson v. Piscano

Court of Appeals of Maryland

Decided October 1, 1980No. [No. 48, September Term, 1979.]PublishedCited by 3 opinions

1Opinion of the CourtSmith, J.

Eldridge, Cole and Davidson, JJ., dissent. Cole, J., filed a dissenting opinion at page 567 infra, in which Eldridge and Davidson, JJ., join.

We are here involved for the first time in interpreting Maryland’s lapsed legacy statute as it was amended as a result of the 1968 report of the Governor’s Commission to Review and Revise the Testamentary Law of Maryland, commonly known as the Henderson Commission (the Commission).1

Prior to the 1969 revision of the Maryland probate law our former statute, Maryland Code (1957) Art. 93, § 354, stated:

No devise, legacy or bequest shall lapse or fail of…

2Cases cited1 opinion

  1. Stewart v. WhitehurstCourt of Appeals of Maryland · 1973

3Cited by3 opinions

  1. Kubiczky v. Wesbanco Bank WheelingWest Virginia Supreme Court · 2000
  2. Segal v. HimelfarbCourt of Special Appeals of Maryland · 2001
  3. Simpson v. PiscanoCourt of Appeals of Maryland · 1980

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