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INGALLS, EXECUTOR OF ESTATE OF INGALLS v. TRUSTEES OF MT. OAK METHODIST CHURCH

[No. 439, September Term, 1965.]

244 Md. 243 (1966)

223 A.2d 778

INGALLS, EXECUTOR OF THE ESTATE OF JOHN LUTHER INGALLS v. TRUSTEES OF THE MT. OAK METHODIST CHURCH CEMETERY OF MITCHELLVILLE, MD., ET AL.

Court of Appeals of Maryland.

Motion for rehearing filed December 6, 1966.

Denied December 9, 1966.

Attorney(s) appearing for the Case

William Reback for appellant.

C.L. Fosset, Jr., with whom were W. Carroll Beatty, David A. McNamee and Richard Bourne on the brief, for appellees.

The cause was argued before HAMMOND, C.J., and HORNEY, OPPENHEIMER, BARNES and McWILLIAMS, JJ.

BARNES, J., delivered the opinion of the Court.

This appeal involves the caveat to the will of John Luther Ingalls who died on October 28, 1963 at the age of 84. The will was dated November 11, 1961 and named Arthur Morton Ingalls, the nephew of the testator as executor. The will was admitted to probate by the Orphans' Court of Prince George's County and letters testamentary were granted to the named executor who duly qualified as executor. The trustees of Mt. Oak...

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