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COSDEN v. MERC.-SAFE DEP. & TR. CO.

No. 796, September Term, 1977.

41 Md. App. 519 (1979)

398 A.2d 460

AUDREY COSDEN ET AL. v. MERCANTILE-SAFE DEPOSIT AND TRUST COMPANY, TRUSTEE ET AL.

Court of Special Appeals of Maryland.

Decided March 7, 1979.

Attorney(s) appearing for the Case

Peter Parker, with whom were Clarke Murphy, Jr., Nicholas G. Penniman, III, Robert C. Prem, Charles H. Palmer, III, and Alexander Gordon, IV, on the brief, for appellant Audrey Cosden. Submitted on briefs by Peter H. Madden, Michael Madden and Christina Madden, other appellants.

H. Vernon Eney and J. Cookman Boyd, Jr., with whom were John W. Scheflen and Venable, Baetjer & Howard on the brief, for appellees.

The cause was argued before MORTON, THOMPSON and COUCH, JJ.

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

We are concerned with whether or not the Mercantile-Safe Deposit and Trust Company, as Trustee under the will of William R. Hammond, should be surcharged for a breach of trust in selling the grounds upon which Pimlico Race Track is located for an inadequate price. There are also questions concerning the proper allowance and allocation of the Trustee's commissions and of...

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