Clyde E. Bourke, Trustee in Bankruptcy, and Cross-Appellee v. Benjamin Krick, and Cross-Appellant. In the Matter of Roger Craig, Inc., Bankrupt

SOBELOFF, Chief Judge.

This appeal concerns a controversy between Clyde Bourke, trustee in bankruptcy of Roger Craig, Inc., and Benjamin Krick over the proceeds from the sale of certain real property located in Montgomery County, Maryland. Determination of the issue is wholly dependent on Maryland law.

Roger Craig, Inc., the bankrupt, is a solely owned corporation of Daniel M. Ostrow, which engaged in the development of real estate in Maryland. Fee simple title to the land underlying this litigation was acquired by Ostrow, individually, in 1955. On June 28, 1957, he and his wife contracted to…