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WARD v. MAYOR AND CITY COUNCIL OF BALTIMORE

[No. 55, September Term, 1972.]

267 Md. 576 (1973)

298 A.2d 382

WARD v. MAYOR AND CITY COUNCIL OF BALTIMORE ET AL.

Court of Appeals of Maryland.

Decided January 9, 1973.

Attorney(s) appearing for the Case

Henry L. Conway, Jr., for appellant.

Richard K. Jacobsen, Assistant City Solicitor, with whom were George L. Russell, Jr., City Solicitor, and Clayton A. Dietrich, Chief Assistant Solicitor, on the brief, for appellees.

The cause was argued before MURPHY, C.J., and McWILLIAMS, SINGLEY, SMITH, DIGGES and LEVINE, JJ.

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

On May 19, 1971 Thomas Ward filed a "Bill Of Complaint To Enforce A Trust" against the Mayor and City Council of Baltimore (the City) created by the City's acceptance of a devise of real estate made to it under the Will of J. Wilson Leakin. By the terms of Leakin's Will, the property devised to the City was to be sold and the proceeds "invested" by the City "in a public park." Ward alleged in his Bill that the City...

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