Rowe v. Rowe

720 A.2d 1225, 124 Md. App. 89, 1998 Md. App. LEXIS 210
CourtCourt of Special Appeals of Maryland
DecidedDecember 2, 1998
DocketNo. 313
StatusPublished
Cited by9 cases

This text of 720 A.2d 1225 (Rowe v. Rowe) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rowe v. Rowe, 720 A.2d 1225, 124 Md. App. 89, 1998 Md. App. LEXIS 210 (Md. Ct. App. 1998).

Opinion

KENNEY, Judge.

Appellee, Kathleen C. Rowe (“Kathleen”), filed a Petition to Construe Will (“the Petition”) on October 27, 1997, in the Circuit Court for Montgomery County, sitting as the Orphan’s Court. In the Petition, she sought a one-half share of the residuary estate of Margaret J. Rowe (“Margaret”), the deceased mother of appellee’s late husband, L. Maurice Rowe, III (“Maurice”). Appellant, Ronald J. Rowe (“Ronald”), Margaret Rowe’s other son, defended, arguing that he was entitled to his mother’s entire residuary estate. After a hearing on January 13, 1998, the circuit court granted appellee’s Petition and ordered appellant, as Personal Representative of his mother’s estate, to distribute one-half of Margaret’s residuary estate to the estate of L. Maurice Rowe, III. Appellant noted a timely appeal.

Appellant raises one question for our consideration:

Did the trial court err in directing that one-half the residuary estate [of the testatrix Margaret Rowe] be distributed to the personal representative of predeceased beneficiary L. Maurice Rowe III?

Because the terms of the testatrix’s will do not express a contrary intent, we shall apply Maryland’s anti-lapse statute, Md.Code (1974, 1991 Repl.Vol., 1998 Cum.Supp.), § 4-403 of the Estates and Trusts Article (“E.T.”), to hold that appellee, as the heir of her late husband, inherits one-half of Margaret Rowe’s residuary estate.

Facts

When Margaret executed her will in 1979, her husband and her two sons were alive, however, her husband and her son, Maurice, predeceased her. Maurice was survived by his spouse, Kathleen, and their three children. Kathleen is the [93]*93Personal Representative and sole residuary legatee of Maurice’s estate.

Margaret died on December 29, 1996. Her will was admitted into probate on July 11, 1997, and Ronald, her surviving son, was appointed the Personal Representative of her estate.

Margaret’s will stated, in pertinent part:

I give, devise and bequeath all the rest, residue and remainder of my estate and property, real and personal and mixed unto my said husband, absolutely. In the event he does not survive me, then I give, devise and bequeath the rest, residue and remainder of my estate and property unto my own two sons, L. Maurice Rowe, III and Ronald David Rowe equally, share and share alike.

Understanding that Ronald believed that he was entitled to all of Margaret’s residuary estate, Kathleen filed a Petition to Construe Will in the Circuit Court for Montgomery County. She contended that, as sole residuary heir to her late husband’s estate, she was entitled to his one-half share of Margaret’s residuary estate. After oral argument on January 13, 1998, the court granted appellee’s Petition and ordered appellant, as Personal Representative, to distribute one-half of Margaret’s residuary estate to the estate of L. Maurice Rowe, III.

Discussion

“In the construction of wills, the sole object of the inquiry is to ascertain the intention of the testator.” Patchell v. Groom, 185 Md. 10, 14-15, 43 A.2d 32 (1945). In Payne v. Payne, 136 Md. 551, 554-55, 111 A. 81 (1920), the Court of Appeals observed that

there is no other class of cases where [previous appellate] decisions are of so little aid in reaching a correct conclusion .... because, of all the cardinal rules governing the interpretation of wills, by far the most important ... is the rule that the intention of the testator, where that can be ascertained from the language of the will and from the circum[94]*94stances surrounding the testator at the time of its execution, must control....

The circuit court tried this case without a jury. We will review the case on both the law and the evidence, and will not set aside the judgment on the evidence unless the trial court was clearly erroneous. Md. Rule 8 — 131(c); see Oliver v. Hays, 121 Md.App. 292, 305-306, 708 A.2d 1140 (1998); Nicholson Air Services., Inc. v. Board of County Comm’rs of Allegany County, 120 Md.App. 47, 66-67, 706 A.2d 124 (1998); In re Joshua David C., 116 Md.App. 580, 592, 698 A.2d 1155 (1997).

When substantial evidence exists to support the trial court’s findings, the findings are not clearly erroneous. Ryan v. Thurston, 276 Md. 390, 392, 347 A.2d 834 (1975). When “competent material evidence” supports the trial court’s findings, we must uphold them and cannot set them aside as clearly erroneous. State v. Johnson, 108 Md.App. 54, 70-71, 670 A.2d 1012 (1996). An appellate court should not substitute its judgment for that of the fact finder, even if it might have reached a different result. Oliver, 121 Md.App. at 306, 708 A.2d 1140.

The trial court’s conclusions of law are not entitled to the deference of the clearly erroneous standard, however. When examining the trial court’s application of the law to the facts, we use an abuse of discretion standard. Oliver, 121 Md.App. at 306, 708 A.2d 1140; Pierce v. Montgomery County, 116 Md.App. 522, 529, 698 A.2d 1127 (1997); In re Michael G., 107 Md.App. 257, 265, 667 A.2d 956 (1995).

I. Presumption against disinheritance

In Maryland, there exists a common law presumption against disinheritance of heirs at law, next of kin, and statutory distributees. Payne, 136 Md. at 553-555, 111 A. 81. Where no contrary indications exist,

[i]t is a rule of construction that an equitable distribution of one’s property among the natural objects of his bounty must be given consideration and weight, and that his legal [95]*95heirs should be regarded as possessing the same consideration unless otherwise clearly provided .... those who have equal claims in law or in affection upon the testator should be placed in equal positions where it can be done without doing violence to the written word.

Adams v. Safe Deposit & Trust Co. of Baltimore, 178 Md. 360, 366, 13 A.2d 546 (1940). Where an ambiguity exists as to the testator’s intent, it will be interpreted against disinheritance unless there is a manifest intention to the contrary. Saylor v. Plaine, 31 Md. 158, 164, 1 Am. Rep. 34 (1869).

Were we to accept appellant’s contentions, the family of one of the testatrix’s sons would be disinherited, to the sole benefit of the other son. Had the testatrix clearly expressed this intent, there would be no doubt as to our decision.

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Bluebook (online)
720 A.2d 1225, 124 Md. App. 89, 1998 Md. App. LEXIS 210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rowe-v-rowe-mdctspecapp-1998.