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IN RE ROSE HILL CEMETERY ASS'N

527 Pa. 211 (1991)

590 A.2d 1

In re DEED of TRUST OF ROSE HILL CEMETERY ASSOCIATION DATED JANUARY 14, 1960 — Rose Hill Cemetery Association Trust for the Perpetual Care for Preservation of Burial Lots. Appeal of ROSE HILL CEMETERY ASSOCIATION, INC.

Supreme Court of Pennsylvania.

Decided April 23, 1991.

Attorney(s) appearing for the Case

Darrell L. Kadunce, Butler, for appellant.

Robert S. Englesberg, Atty. General's Office, Pittsburgh, for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and CAPPY, JJ.

OPINION OF THE COURT

PAPADAKOS, Justice.

The facts in this case are as follows. Rose Hill Cemetery Association, the Appellant in this matter, (hereinafter "Rose Hill") is a non-profit corporation duly incorporated under the laws of the Commonwealth of Pennsylvania. In the normal course of its business, Rose Hill established a Perpetual Care Fund for the purpose of caring for the burial plots of those persons who are buried in the cemetery maintained by Rose...

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