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HENGEN v. PERPETUAL CARE CEMETERIES, INC.

No. 45592.

230 So.2d 795 (1970)

Louis HENGEN et al. v. PERPETUAL CARE CEMETERIES, INC.

Supreme Court of Mississippi.

January 19, 1970.

Attorney(s) appearing for the Case

Louis Hengen, Biloxi, for appellants.

James T. Bridges, Belzoni, Eaton, Cottrell, Galloway & Lang, Gulfport, Tonsmeire & Mannino, Biloxi, for appellee.

ETHRIDGE, Chief Justice:

This case involves the power of a corporate trustee of certain cemetery land, operated for profit, to sell an undeveloped, distinct part of the land which its predecessor purchased. The Chancery Court of Harrison County held that appellee, Perpetual Care Cemeteries, Inc., (called Perpetual Care) had express authority to convey the east 275 feet of land owned by it in the City of Biloxi, free and...

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