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STEAD v. AMERICAN SECURITY & TRUST CO.

No. 9824.

173 F.2d 650 (1949)

STEAD et al. v. AMERICAN SECURITY & TRUST CO. et al.

United States Court of Appeals District of Columbia Circuit

Decided March 21, 1949.

Attorney(s) appearing for the Case

Mr. Roger M. Stuart, Jr., of Washington, D. C., with whom Arthur Hellen, of Washington, D. C., was on the brief, for appellants.

Mr. Harry Lee Walker, Asst. Corporation Counsel, District of Columbia, of Washington, D. C., with whom Messrs. Vernon E. West, Corporation Counsel, D. C., Chester H. Gray, Principal Asst. Corporation Counsel, D. C., and Oliver Gasch, Asst. Corporation Counsel, D. C., all of Washington, D. C., were on the brief, for appellees District of Columbia, Harry S. Wender and Milo F. Christiansen.

Mr. A. Murray Preston, of Washington, D. C., with whom Mr. John E. Larson, of Washington, D. C., was on the brief, for appellee American Security and Trust Company.

Before CLARK, PRETTYMAN and PROCTOR, Circuit Judges.

PER CURIAM.

The question here involves an application of the cy pres doctrine to perpetual charitable trust created by the will of the late Robert Stead, providing, inter alia, that: "The unimproved lots owned by me in Square 1065, and described as Lots 16 to 29, both inclusive, shall be converted into and maintained by my said trustees as, a playground for the children of Washington, D.C., to be known as Mary Force Stead Playground in memory of my first...

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