Colonial Trust Co. v. Gerke

Briscoe, J., delivered the opinion of the Count. This case is brought, into this Court, for the second time. There are two appeals in the record, but they present the same questions and are from the same decree. One appeal, is on behalf of the Colonial Trust Company, administrator of Charles G. C. Ross, and the other, is taken by the Colonial Trust Company and Thomas Mackenzie, trustees, under the will of Charles Gerke, deceased.

On the former appeal, reported in 114 Md. 289 , this Court, reversed the decree of the Circuit Court of Baltimore ³⁵³ City and remanded the canse to the end that further proceedings should he had in conformity with an opinion filed in the ease upon a proper construction of Mr. Gerke’s will, declaring the rights of the parties thereunder. In the course of the opinion, in that case, we held, that the estate of Charles Gerke, should he held in trust, according to the terms of the will and should he administered as a trust estate, in the Circuit Court of Baltimore City under the orders of that Court; that the administrator of Charles G. C. Ross, deceased, was entitled to one-eighth of the rents and income from the property subject to the provision in the will that the warehouse property, on Lexington street, should not be sold until after the death of the last surviving daughter of Charles Gerke, and his youngest grandchild shall have become of age. Wo further held, under a proper construction of the will, that Mr. Gerke’s wife, during her life and that his daughters, during their lives, should have full power to demand, receive and collect the rents, interest and income, to manage, control and look after the estate, as though the same, were their own absolutely. The case having been remanded, the Circuit Court of Baltimore City, in conformity to the opmion and decree of this Court, on the 28th day of March, A. I). 1911, passed the following decree, to wit: It is adjudged, ordered and decreed that Charles G. C. Ross took an equitable interest in one-eighth of the rest and residue of the estate of Charles Gerke as mentioned in the third and subsequent paragraphs of his will subject to tbe life estate of the wife of Charles Gerke in the whole property and after her death to'the bequest cf the interest at five per cent, on six thousand dollars ($6,000.00) in favor of Walter Duncan Gerke and his descendants and to the further provision in said will that said estate shall he held in trust and that the storehouse property Number 5 West Lexington street, in Baltimore City, shall not he sold until after the death of the last surviving daughter of said testator and his youngest grandchild shall ³⁵⁴ become of age and