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KILLEN v. HOUSER

[No. 319, September Term, 1967.]

251 Md. 70 (1968)

246 A.2d 580

KILLEN, ETC. v. HOUSER, ETC.

Court of Appeals of Maryland.

Decided October 9, 1968.

Attorney(s) appearing for the Case

Ewing C. Whitaker for appellant.

Martin H. Freeman, with whom were Sasscer, Clagett, Powers and Channing and Jerrold V. Powers on the brief, for appellee.

The cause was argued before HAMMOND, C.J., and MARBURY, BARNES, McWILLIAMS, FINAN, SINGLEY and SMITH, JJ.

HAMMOND, C.J., delivered the opinion of the Court.

In 1960 Albert Houser, as successor trustee of the Care Fund of George Washington Cemetery, filed a bill against Harold Killen alleging that Killen was a co-trustee with him of that fund "of which the principal was and is to be invested by the Trustees in sound investments to protect income" which was to be used for the care and maintenance of cemetery lots, and that Killen "in violation of his said trust, did wrongfully...

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