Estate of Rose B. Posner, Deceased, David B. Posner, Personal Representative - Page 13

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               will was “insufficient to grant Rose Posner either an                  
               inter vivos or a testamentary power of appointment                     
               . . . .”  [Gordon v. Posner, 790 A.2d 675, 679 (Md. Ct.                
               Spec. App. 2002); emphasis added.]                                     
               Consequently, although we give the decisions of the court of           
          special appeals proper regard, those decisions do not squarely              
          answer the question whether decedent possessed an inter vivos               
          power of appointment over the marital trust property.                       
               On reply brief, respondent argues that the only Maryland               
          decision that is “legally effective” with respect to this                   
          question is the ruling of the Baltimore County circuit court,               
          which held that decedent lacked a testamentary power of                     
          appointment over the marital trust property and stated in part:             
          “when Mr. Posner’s Will is read in its entirety, Item XIV grants            
          Mrs. Posner power over the Marital Trust.  However, this power is           
          limited to inter vivos”.  McDonagh v. Geduldig, No. C-97-001002             
          (Baltimore County Cir. Ct. Aug. 11, 1997).                                  
               As a threshold matter, we note that the Baltimore County               
          circuit court is a State trial court, not an intermediate State             
          appellate court.  Although decisions of a State trial court are             
          given some weight and proper regard if on point, see Commissioner           
          v. Estate of Bosch, supra at 465, we must carefully consider the            
          nature of the trial court litigation, see Estate of Ahlstrom v.             
          Commissioner, 52 T.C. 220, 229 (1969), and the subsequent                   
          proceedings on appeal.                                                      







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