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ALLERS, TRUSTEE v. LEITCH, EXEC.

[No. 195, October Term, 1956.]

213 Md. 390 (1957)

131 A.2d 458

ALLERS, TRUSTEE ET AL. v. LEITCH, EXECUTOR

Court of Appeals of Maryland.

Concurring opinion filed May 14, 1957.

Attorney(s) appearing for the Case

Arold H. Ripperger, for appellants.

Joseph Loeffler, with whom was Harry E. Goertz on the brief, for appellee.

The cause was argued before BRUNE, C.J., and COLLINS, HAMMOND and PRESCOTT, JJ., and FLOYD J. KINTNER, Associate Judge, Second Judicial Circuit, specially assigned.

Concurring opinion of PRESCOTT, J., filed May 14, 1957.

KINTNER, J., by special assignment, delivered the opinion of the Court.

This appeal is from a decree of the Circuit Court of Baltimore City dismissing the appellants' second amended bill of complaint. The bill seeks to impress a trust on money in the hands of an executor. The facts are not in dispute and will now be briefly stated.

On November 28, 1944, Dorothea Louise Waidner opened a savings...

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