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NEW ENGLAND PEABODY HOME FOR CRIPPLED CHILDREN v. PAGE

325 Mass. 663 (1950)

92 N.E.2d 235

NEW ENGLAND PEABODY HOME FOR CRIPPLED CHILDREN vs. FREDERICK H. PAGE & others, trustees.

Supreme Judicial Court of Massachusetts, Middlesex.

April 27, 1950.

Attorney(s) appearing for the Case

J.A. McCarty, (A.R. Smith with him,) for the appellant trustees under the will of Robert Luce.

J.B. Dolan, (C.R. Cabot with him,) for the petitioner.

T.F. Duffy & J.A. Duffy, for Waltham Hospital; and J.B. Ames, for The President and Fellows of Harvard College, submitted a brief.

Present: QUA, C.J., RONAN, WILKINS, SPALDING, & COUNIHAN, JJ.

QUA, C.J.

This is a petition by New England Peabody Home for Crippled Children for revocation of a decree of the Probate Court allowing the first and final account of the surviving trustees under clause "1" of the will of Robert Luce, late of Waltham. Waltham Hospital has "assented to and joined in" the petition, and its name appears on the petitioner's brief, as does also that of The President and Fellows of Harvard College. All three institutions have similar interests...

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