- 13 - 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.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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