Stewart v. Whitehurst

Singley, J., delivered the opinion of the Court. 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; and Suzette was survived by her parents, Marshall Whitehurst and Elsa Whitehurst, the appellees here.

Edward, relying on what he conceived to be mandated by Maryland Code (1957, 1969 Repl. Vol.) Art. 93, § 4-403, filed an administration account under the terms of. ⁵⁹¹ which there was distributed to him as Robert’s next of kin the proceeds of sale of real estate owned by Robert as surviving tenant by the entirety in the amount of $21,706.88 and one-half of Robert’s personal estate in the amount of $29,891.05. To Marshall and Elsa there was distributed the other one-half of the personal estate, or $29,891.05. Marshall and Elsa excepted to the account, claiming that they were entitled to the entire estate as the next of kin of Suzette, the deceased residuary legatee.

By Ch. 3, § 1 of the Laws of 1969, our law relating to decedents’ estates was entirely revised. Code (1957, 1969 Repl. Vol.) Art. 93, § 4-403 made substantial changes in the prior law relating to lapsed legacies which prior to the revision of Art. 93 appeared as Code (1957, 1964 Repl. Vol.) Art. 93, § 354: “§ 354.

No devise, legacy or bequest shall lapse or fail of taking effect by reason of the death of any devisee or legatee (actually and specially named as devisee or legatee, or who is or shall be mentioned, described, or in any manner referred to, or designated or identified as devisee or legatee in any will, testament or codicil) in the lifetime of the testator, but every such devise, legacy or bequest shall have the same effect and operation in law to transfer the right, estate and interest in the property mentioned in such devise or bequest as if such devisee or legatee had survived the